Djokovic to remain in Australia until Monday afternoon as he appeals his visa denial
Novak Djokovic will remain in the country until at least Monday afternoon as he challenges the Australian Government’s decision to cancel his visa.
Federal Court judge Anthony Kelly has set the hearing for 10am on Monday and ordered Djokovic not be deported until at least 4pm on that day.
The star tennis player’s case went before the court at 6pm on Thursday, where his lawyer Nick Wood pushed for an interim injunction order to prevent Djokovic being deported before the appeal hearing.
Commonwealth government barrister Christopher Tran said Home Affairs Minister Karen Andrews did not oppose the injunction against deporting Djokovic immediately.
The court also heard Djokovic was proposing to undertake damages of the appeal, which the judge accepted.
The tennis star is being held at a hotel in Melbourne’s CBD. Protesters gathered outside on Thursday afternoon, calling for the Serbian star to be freed.
Djokovic’s court case was delayed throughout the afternoon.
The judge “emphasised without criticism” that he had not been able to make a ruling on Djokovic’s application because the documents had not reached him since the court was earlier adjourned.
The court heard Tennis Australia would need to know by Tuesday if Djokovic can play at the Australian Open, to which Judge Kelly replied: “The tail won’t be wagging the dog here”.
PM weighs in on drama
Earlier, Scott Morrison claimed Djokovic’s high-profile anti-vaccination stance was a magnet for attention at Australia’s border.
The prime minister also explained that the evidence Djokovic had relied on for a medical exemption to enter Australia without being vaccinated was insufficient.
“He did not have a valid medical exemption,” Mr Morrison said, explaining why Djokovic’s visa was sensationally cancelled by Australian Border Force this morning.
Mr Morrison said the ABF had acted on “intelligence”, intercepting Djokovic at Melbourne’s Tullamarine Airport.
“When you get people making public statements, of what they say they have, and what they are going to do, and what their claims are, they draw significant attention to themselves,” Mr Morrison said.
“Anyone who does that, whether they are a celebrity, a politician, a tennis player, a journalist, whoever does that, they can expect to be asked questions more than others.”
Mr Morrison laid the blame for the prolonged airport stand-off and visa cancellation on the world number one, saying the evidence for Djokovic’s medical exemption was “insufficient”.
“He provided information to the airline to allow his entry onto the plane but … that is not an assurance that they will be able to come through Australia’s border at the other side.
“It is for the traveller to be able to assert and backup their ability to come into the country consistent with our laws.”
Djokovic detained after Australian Open exemption
Djokovic was detained at Melbourne Airport this morning after being granted a medical exemption to play in the Australian Open.
Djokovic, who has won nine Australian Open titles, including the last three, immediately launched an appeal.
In a statement, the ABF declared Djokovic had not complied with Australian laws and entry requirements.
“The ABF can confirm that Mr Djokovic failed to provide appropriate evidence to meet the entry requirements to Australia, and his visa has been subsequently cancelled,” the ABF said.
“Non-citizens who do not hold a valid visa on entry or who have had their visa cancelled will be detained and removed from Australia.”
An investigation will almost surely examine why the Victorian government had approved a medical exemption which ultimately did not stand up under intense ABF scrutiny.
Djokovic’s coach, Goran Ivanisevic, and support staff have been processed, it is understood, but they are choosing to remain at the airport.
Unless a court overturns the decision, Djokovic will miss the chance to become the most Grand Slam winning men’s player in history.
Djokovic has won 20 Grand Slam singles titles, tied with Roger Federer and Rafael Nadal.
‘Strong approach’ on unvaccinated entries
Speaking on Today before the ABF Djokovic decision, Health Minister Greg Hunt said the Federal Government was insistent on a “very strong approach to ensuring equity of the rules for everybody”.
Unvaccinated people, as a general rule, cannot enter Australia unless there they have a medical exemption.
“My understanding is that the Border Force is reviewing that,” Mr Hunt said.
“We have taken a very strong clear approach on treating everybody the same.”
The Djokovic situation is now set to escalate into an international diplomatic incident.
Just before the cancellation announcement, the Serbian president Aleksandar Vučić made a statement declaring that the whole of Serbia was with Djokovic.
He said Serbian agencies were “doing everything to see that the harassment of the world’s best tennis player is brought to an end immediately.”
Djokovic’s father claims tennis star ‘held captive’
In the early hours of the morning, the tennis star’s father, Srdan Djokovic, told Sputnik Serbia he would call a gathering on the streets if his son wasn’t let into Australia.
He said Djokovic was being held “captive” in a room with two police officers and had been without his mobile phone for a number of hours.
The ABF later rejected that claim, saying “Mr Djokovic had access to his phone”.
“I have no idea what’s going on, they’re holding my son captive for five hours,” Srdan Djokovic said.
“This is a fight for the libertarian world, not just a fight for Novak, but a fight for the whole world.
“If they don’t let him go in half an hour, we will gather on the street, this is a fight for everyone.”
Mr Morrison had warned on Wednesday the controversial tennis star would be “on the next plane home” if the evidence for his medical exemption to travel didn’t stack up.
Mr Morrison said Djokovic, whose exemption sparked outrage from many corners, would not be treated differently to anyone else.
“If he’s not vaccinated, he must provide acceptable proof that he cannot be vaccinated for medical reasons and to be able to access the same travel arrangements as fully vaccinated travellers,” Mr Morrison said.
Djokovic boarded a flight after announcing on Tuesday night he had been granted a medical exemption to compete in the Australian Open, which begins on January 17.
