Novak Djokovic, left, stands with Australian Open director Craig Tiley during the trophy ceremony at the Australian Open tennis championships in Melbourne, Australia, in February.
Andrew Brownbill / AP file photo
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Andrew Brownbill / AP file photo
Novak Djokovic, left, stands with Australian Open director Craig Tiley during the trophy ceremony at the Australian Open tennis championships in Melbourne, Australia, in February.
Andrew Brownbill / AP file photo
MELBOURNE, Australia – An Australian judge has reinstated tennis star Novak Djokovic’s visa, which was canceled after he arrived last week because he was unvaccinated.
Circuit Court Judge Anthony Kelly also ordered the government on Monday to release Djokovic from hotel quarantine in Melbourne within 30 minutes of his decision.
Government attorney Christopher Tran told the judge following the ruling that the Minister of Immigration, Citizenship, Migration and Multicultural Services, Alex Hawke, “will consider whether to exercise the right to revoke individual rights. or not.”
That means Djokovic could once again face deportation and possibly miss the Australian Open, which begins on January 17.
The Australian government canceled 34-year-old Djokovic’s visa shortly after he arrived in Melbourne late on Wednesday to compete in the Australian Open because officials decided he did not meet the criteria for an exemption from an entry requirement. that all non-citizens must be fully immunized. for COVID-19.
Djokovic, who court documents say was unvaccinated, argued he did not need proof of vaccination because he had evidence that he was infected with coronavirus last month.
Australia’s health authorities have ruled that a temporary exemption to the immunization rule can be provided to people who have been infected with COVID-19 within six months.
Circuit Court Judge Anthony Kelly noted that Djokovic had provided officials at Melbourne Airport with a medical waiver due to Tennis Australia, which is hosting the tournament starting on January 17, and two clubs. medical co.
“The point I’m a bit worried about is what more can this man do?” Kelly asked Djokovic’s lawyer, Nick Wood.
Wood agreed with the judge that Djokovic couldn’t have done more.
Transcripts of Djokovic’s interviews with Border Force officials and his own affidavit reveal “repeated appeals to the officers he is dealing with that to the knowledge of he, without judgment, did absolutely everything that he understood was necessary for him to be able to enter Australia,” Wood said.
Djokovic has been sheltered in a hotel quarantine in Melbourne since Thursday, when his visa was cancelled.
But the judge ordered the world No. 1 to be isolated from the hotel during his hearing. It is not clear where Djokovic has moved during the hearing. He did not appear on screen during the first hours of the virtual hearing.
Djokovic’s lawyers have filed 11 grounds to appeal his visa cancellation. Attorneys described the cancellation as “seriously illogical,” unreasonable, and legally unjustified.
Attorneys for Interior Minister Karen Andres said in their submission that if the judge ruled in Djokovic’s favor, officials could cancel his visa a second time.
They said the vaccination requirement can only be deferred for arrivals who have been infected with COVID-19 if their illness is acute.
“There is no suggestion that the applicant (Djokovic) suffered from an ‘acute serious medical illness’ in December” when he tested positive, the submission said.
The virtual hearing happened several times because so many people from all over the world tried to follow the proceedings.
At one point, an apparently expired court link was hacked and distributed pornography, website The New Daily News reported.
Djokovic is a nine-time Australian Open champion. He has 20 Grand Slam titles in men’s singles, a men’s record he shares with Roger Federer and Rafael Nadal.
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McGuirk reports from Canberra. Associated Press journalists John Pye and Dennis Passa in Brisbane and Tom Moldoveanu in Melbourne contributed to this report.
