Novak Djokovic wins appeal as Australian court quashes visa cancellation

Novak Djokovic has won his appeal against deportation from Australia and will be freed from detention in a hotel after a judge ruled that the country’s border authorities had acted unreasonably when they cancelled his visa.

Anthony Kelly, the presiding judge, said Djokovic had not been given enough time to respond to the decision by border authorities to cancel his visa when he was detained at Melbourne’s airport on Thursday.

The decision marked a bitter blow for the Australian government after Prime Minister Scott Morrison took a tough line against the world’s top-ranked men’s tennis player. Lawyers for the government said that Alex Hawke, immigration minister, could use his powers to cancel the visa again, but this would probably mean a return to the courts.

The government argued that Djokovic had failed to provide sufficient evidence to justify an exemption to enter Australia without a vaccination. He faced being barred from the country for three years if the decision to cancel his visa had been upheld.

The tennis star’s lawyers had questioned the legality of blocking him from Australia, arguing that Djokovic had “done absolutely everything he understood was required of him to enter” the country.

Djokovic was detained last week after being told he had not met the requirements for entry because he had not been vaccinated. He had travelled to Melbourne to defend his title at the Australian Open, the first grand slam tournament of 2022, which begins next week.

Kelly said that Djokovic had been granted a medical exemption and had filled out the necessary paperwork to enter Australia. “The point I am somewhat agitated about is what more could this man have done?” the judge told the court. He also questioned whether Djokovic had adequate time to consult his lawyers and agent after being told he would be deported.

Australian authorities did not respond to a request for comment.

Djokovic had received an exemption from having to be vaccinated because he had contracted Covid-19 on December 16. He was given a visa to enter Australia by the Department of Home Affairs and permission to play in the Australian Open on January 1 after two expert panels — including one backed by the Victoria state government — approved it.

The Australian government argued that contracting Covid in the past six months was not a legitimate exemption for international travellers seeking to enter the country. It added that only in the case of an “acute major medical illness” stemming from infection would it be justified to delay vaccination.

“All he has said is that he tested positive for Covid-19,” the government said in its filing.

Social media posts dated immediately after December 16 show Djokovic shaking hands at an event to commemorate a stamp made in his honour, and posing with young players indoors without a mask. It is unclear whether he was aware he had tested positive when the photos were taken.

The Australian government also argued that it had the right to determine who was entitled to be in the country. “That power and responsibility are fundamental attributes of Australia’s sovereignty,” its filing said.

A public outcry greeted the decision to grant an exemption to Djokovic, who has criticised vaccination requirements. Canberra’s subsequent decision to deny him entry inflamed a diplomatic row with Serbia that has drawn protesters to the streets of Melbourne.