Djokovic wins immigration case, free to play Australian Open
The Serb will be released and allowed to play despite not being fully vaccinated
The immigration saga of tennis star Novak Djokovic has finally ended, and it turns out that the Serb will be able to play and defend his title at the Australian Open later this month. Judge Anthony Kelly, who presided over the hearing early on Monday, has overturned the previous decision to revoke the world number one player's entry visa and has ordered his release from detention.
Apart from the sudden turn of events, Judge Kelly has also ordered the Australian government to pay for the costs incurred by the player. Djokovic arrived in Australia on Wednesday last week, and was subsequently stopped by the Australian Border Force due to what was described at the time as a "visa mix-up." He has since been detained at the Park Hotel after successfully stopping a deportation order.
Fans are ecstatic that the 34-year-old Serbian star has now been given the chance to defend his Australian Open title. However, BBC reports that Immigration Minister Alex Hawke "could still cancel his visa on new grounds."
According to the details revealed in the hearing, the Judge said that Djokovic could have been able to provide evidence that his visa should not be cancelled if the original deadline was followed. Apparently, ABF made a decision at 7:40 on Thursday, when Djokovic and his team were told they had until 8:30 local time to respond.
Lawyer Nick Wood also stated during the hearing that Djokovic fully believed that his visa and exemption from the rule banning unvaccinated travellers from entering Australia was valid.
Curiously, despite having had several months in which he could have gotten jabbed, Djokovic is using a "recent Covid-19 infection" as the main basis of his application for an exemption. It is unclear how this is possible if the application for the exemption was supposedly filed before the December 10 deadline and he supposedly tested positive on December 16.
"He had done absolutely everything. He had engaged with everything that was required of him by Tennis Australia," Mr. Wood said.
Djokovic's lawyers are also accusing the ABF of unjust treatment.
Government lawyer Christopher Tran still stands by the argument that a recent infection does not qualify the player for an exemption to enter the country while unvaccinated. It remains to be seen how this story will develop.
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