Novak Djokovic WILL be able to play at the Australian Open after an Australian referee orders him to be released from quarantine.
The court found the player’s decision to cancel his visa was “absurd” – and he must be released immediately.
However, the world’s number one, an anti-vaxxer, could face further legal battles as ministers consider using “personal power” to cancel visas.
A government lawyer warned that Australia could still use ministerial powers to order his expulsion from the country, which would see him banned for three years.
As it stands, Djokovic’s passport and all personal items will soon be returned to him.
The government must also pay his legal costs, the judge ordered.
The Herald Sun reports Djokovic has now left the Park Hotel – but remains in custody.
He has been given special permission to be present with his attorneys during the ongoing trial.
The 34-year-old man was forced into a hotel a place where asylum seekers are located after a reversal of the situation of the Australian government.
His mother Dijana said he was being “held like a prisoner” in a “small immigrant hotel, if it were a hotel”. She said the site was “dirty” and infested with maggots in the food was “terrible”.
Nine-time winner Serbian Sink received his marching orders after a six-hour stop at Melbourne’s Tullamarine Airport.
He was initially exempt from vaccination – his lawyer said, because he contracted Covid-19 in December – to compete before his visa was significantly cancelled.
His legal team claimed he only agreed to the cancellation because he was disoriented from lack of sleep and reeling from the “procedurally unfair” treatment by the official.
The Mail on Sunday reported that Djokovic’s visa was “effectively canceled” while he was still flying on a Boeing 777-300ER from Dubai, and that border officials were made aware of his case.
Court documents claim Australian officials made “sly and contrived” attempts to urge him to sign a waiver.
He was then detained, despite begging to be moved to more elaborate digs with tennis courts or to have his own chef provide vegan meals – request was denied.
PLEASE OF STARS
But even after today’s decision to free him, the ace could face a backlash from the Australians, who were divided over the decision to detain him.
He has not publicly talked about his vaccination status, but admitted last year that he was “opposed” to vaccination.
He told reporters: “Personally, I am against vaccination.
“I don’t want to be forced by someone to get vaccinated so I can travel.”
Judge Anthony Kelly today said he was “agitated” about the case – and asked: “What more could this man do?”
“Furthermore, the medical waiver and the basis for which it is based are given separately by another independent panel of experts established by the Victorian government and that document is in the hands of the delegate.”
Djokovic’s lawyer, Nicholas Wood, has argued that his notice of intent to cancel his visa was faulty because it was given on a “confusing mix of two reasons”.
This could allow him to play some of his best tennis
He also argued that Djokovic was treated at the airport as if access to an attorney “couldn’t” help in the matter and was given no reasonable opportunity to respond to the notice.
Australian Government attorney Christopher Tran will argue Djokovic reacted to the announcement.
At a press conference, Australian Prime Minister Scott Morrison was asked to respond to claims that Djokovic had been given conflicting advice about medical exemptions.
Mr Morrison said: “Oh, the matter is in court so I can’t comment on this in court … but as far as government is concerned, our government, federal government advice to with Tennis Australia, that was made very clear in November, when I read the excerpt from this very podium it couldn’t have been clearer.”
Former British No 1 Greg Rusedski hailed the “good news” on Good Morning Britain today – and said it could “allow him to play some of his best tennis”, even if he booed.
“He has a lot to prove,” he said.
“Yes, fans may be against him, but a lot of fans will also support him.”
He said he had “every right to defend his title”, adding: “This is fantastic for the event.”
https://www.thesun.ie/sport/8180517/novak-djokovic-wins-appeal-australian-open/ Novak Djokovic WINS against tennis player’s visa denial to play at the Australian Open