World No. 1 Novak Djokovic has win appeal against a decision to refuse him a visa ahead of the Australian Open.
The Serb is unvaccinated against COVID 19 and was given an exemption before his arrival in Australia.
Djokovic was placed in detention after his visa was cancelled but a court verdict has order for his release.
Judge Anthony Kelly has quashed the visa cancellation, and ordered the Australian Government to pay legal costs and release Djokovic from detention within half an hour as he delivered his verdict at 6.16am GMT.
Government counsel Christopher Tran notified the court that the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs – not the minister who made the original visa cancellation – will now consider whether to exercise a personal power of cancellation of Djokovic’s visa.
Shortly after the verdict, a transcript of Djokovic’s interview with Border Force last week was released in which the world number one stated: “I am not vaccinated.”
The Australian Open starts on Monday, January 17, with the draw taking place on Thursday, January 13.
Earlier in the day, Djokovic was removed from detention to be with his lawyers during the hearing, and Judge Kelly expressed agitation over the rejection of Djokovic’s medical exemption.
Djokovic’s lawyers presented their arguments to the court, but government lawyer Mr Tran only spoke for half an hour before a lengthy adjournment.
During that break, the two parties agreed on the minutes of Judge Kelly’s order.
The minutes note Djokovic was not given adequate time to respond to the notification to cancel his visa.
The court published an order made on Sunday that Djokovic be taken from the Park Hotel – where he has been held since Thursday – and brought to “a premises as specified by the applicant’s solicitors” during the hearing.
The order states: “The respondent, by her servants or agents, including the Australian Border Force, take all steps and do all things as may be necessary to bring the applicant to premises as specified by the applicant’s solicitors on Monday, 10 January 2022 (and each day thereafter, including upon the delivery of judgment), to permit him to remain there until the conclusion of each hearing and to secure his safe return to detention upon the conclusion of each hearing.”
The hearing was delayed by technical issues with the court’s video link, but Djokovic’s lawyers argued their case to Judge Kelly, who asked the court “What more could this man have done?” and said he was “agitated” about the issue of Djokovic’s medical exemption.
“Here, a professor and an eminently qualified physician have produced and provided to the applicant a medical exemption,” Judge Kelly said.
“Further to that, that medical exemption and the basis on which it was given was separately given by a further independent expert specialist panel established by the Victorian state government and that document was in the hands of the delegate.”
Djokovic’s lawyer, Nicholas Wood, has argued the notice of intention to cancel his visa was defective because it was made on “a confusing blend of two grounds”.
He also argued that Djokovic was treated at the airport as if access to lawyers “couldn’t possibly” be of assistance in the matter and was not given a reasonable chance to respond to the notice.
At a press conference before the appeal verdict, Australia’s Prime Minister Scott Morrison was asked by a reporter to respond to comments from Tennis Australia chief executive Craig Tiley stating he was given conflicting government advice on medical exemptions.
Mr Morrison said: “Well, the matter is before the court so I can’t comment on the matter before the court – but in relation to the government, our government, the federal government’s advice to Tennis Australia, that was set out very clearly in November, as I read the extract from this very podium, it could not be more clear.”
Source: Skysports
