Novak Djokovic’s appeal to revoke his visa was upheld by the Australian Federal Court on Sunday morning.
After the two legal teams were briefly convened on Friday night, following a decision by Immigration Minister Alex Hawke to revoke Djokovic’s visa for a second time for “health and good order”, a brief hearing was held on Saturday morning. .
In it, Judge David O’Callaghan confirmed that the case had been transferred from the Federal District Court and that the main hearing would take place on Sunday at 9.30am (10.30pm on Saturday British time).
Djokovic is expected to play the first round match of the Australian Open against the Serb Miomir Kecmanovic on Monday.
A schedule was agreed on Friday, with Djokovic expected to be detained on Saturday morning at 8 a.m. for a meeting with immigration officials before meeting with his lawyers. He was then allegedly detained overnight, preferably back to the Park Hotel.
The team of lawyers of the first player in the world revealed that the reasons for the appeal will focus on the irrationality of the decision, with the threshold of success being much higher than at the first hearing.
On Friday, it turned out that Hawke did not base his findings on the validity or otherness of Djokovic’s medical exemption, but on the possibility that his continued presence in the country could fuel anti-vaccination sentiment and threaten public order.
Hawke cited Djokovic’s status as a “high-profile unvaccinated person who publicly indicated his opposition to vaccination against Covid-19” and said he “publicly expressed anti-vaccination.”
Hawke expressed the belief that not repealing the visa could encourage Australians not to take the vaccine, which would increase pressure on the health service.
“I believe his continued presence in Australia may pose a risk to the good order of the Australian community,” he said.
Hawke gave significant weight to Djokovic’s acknowledgment that he attended an interview for l’Equipe last month, even though he knew he was positive on Covid-19, and argued that Australians could follow suit.
“I also took into account the fact that Mr. Djokovic has shown obvious disregard for the need for isolation in the past after receiving a positive Covid-19 test result,” he said.
Djokovic’s release from custody on Monday resulted in police spraying his supporters, and Hawke cited the possibility of civil unrest, though his lawyers will argue Sunday that it could lead to his deportation.
Hawke, meanwhile, rejected Djokovic’s arguments that the abolition of his visa would be either politically motivated or endanger the survival of the host country of the Australian Open.
Djokovic has been waiting since a judge on Monday overturned an original decision to determine whether Hawke would use his powers to re-impose a sentence.
And just before 6pm (7am UK time) on Friday, Hawke issued a statement saying: “Today I exercised my power under section 133C (3) of the Migration Act to revoke the visa that Mr. Novak Djokovic for health and good order, because it was in the public interest.
“This decision followed the order of the Federal District and Family Court of 10 January 2022, which annulled the previous decision on revocation due to procedural fairness.
“In making this decision, I have carefully considered the information provided to me by the Australian Ministry of the Interior. Border forces and Mr. Djokovic.
“The Morrison government is firmly committed to protecting Australia’s borders, especially in connection with the Covid-19 pandemic.”
The decision means that Djokovic is also threatened with a three-year ban from entering the country, which could mean that he will never play in the Australian Open again, although this may be abandoned.
The situation has prevailed in world news since Djokovic was detained at Melbourne airport last Thursday morning after border force officials determined he did not have the proper documentation to enter the country.
The nine-time Australian Open champion received an exception Tennis Australia from strict rules on coronavirus vaccination for arrivals in the country because it was positive last month.
The other two individuals – Czech actress Renata Voracova and an official – with the same exception, were later told they could not stay in the country and left before Judge Anthony Kelly ruled in favor of Djokovic on Monday.
Djokovic went straight to Melbourne Park after his release and has been training every day since then, including early Friday morning, but his hopes of staying in the country seemed to have faded as he ran the week after revelations about his behavior after a positive test.
He also admitted that his statement erroneously claimed that he had not traveled in the 14 days prior to the trip to Australia, which he attributed to his agent’s mistake.
There has been strong criticism of the way the Australian government has handled the situation, but public opinion is strongly in favor of sending Djokovic home.
Compassion there was also a shortage of his teammates, many of whom were skeptical about vaccination, with world number four Stefanos Tsitsipas telling India’s WION news channel: look like everyone’s stupid. “
Andy Murray took a more conciliatory tone after the victory over Reilly Opel in Sydney and said: “The situation is not good. I’m not going to sit here and start kicking Novak when he’s on the floor. This is not a good situation for anyone.
“Obviously I want this resolved. I think it would be good for everyone if that were the case. It seems like it’s been dragging on for a long time and it’s not great for tennis, not for the Australian Open, not for Novak. ”