Djokovic wins appeal against decision to refuse him visa ahead of Australian Open

Djokovic

Novak Djokovic has won a court battle to stay in Australia to contest the Australian Open despite being unvaccinated against COVID-19, but the government has threatened to cancel his visa for a second time.

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."
~Courtesy, Sky News




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