Novak Djokovic has been cleared to play in the Australian Open after the Federal Court overturned the Australian Government’s decision to cancel the visa of the Serbian tennis star. Judge Anthony Kelly has quashed the visa cancellation and ordered the Australian Government to pay legal costs and release Djokovic from detention. This means that the defending champion Djokovic has a great chance to win a record 21st Grand Slam title at the upcoming Australian Open.
Lawyers for Novak Djokovic argued that the 20-time Grand Slam winner entered the country on the understanding that his exemption from restrictions requiring travelers to be fully vaccinated against COVID-19 was valid. Djokovic has been held in an immigration detention hotel alongside long-term asylum seeker detainees since Thursday. He was permitted to attend his lawyers’ chambers for the virtual hearings. But has not been seen in public since he arrived in Australia.
The Australian government canceled Djokovic’s visa shortly after he arrived in Melbourne late Wednesday. Because officials decided he didn’t meet the criteria for an exemption to an entry requirement. According to the rules, all non-citizens be fully vaccinated for COVID-19. Judge Anthony Kelly noted that Djokovic had provided officials at Melbourne’s airport with a medical exemption given him by Tennis Australia. The Judge said Novak Djokovic could have had more time to make a submission about why his visa should not be withdrawn if authorities had stuck to the original time.
“We all play by the same rules. The reason why this minister for home affairs in this proceeding has agreed that the delegate’s decision should be set aside is for the reasons set out in the notation. Stated in other terms: those rules were not observed.”