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A week after he arrived in Australia, Djokovic finally reached
the tennis court after a judge on Monday quashed the federal
government's decision to cancel his visa.
But the world number one could still be detained by the federal
government for a second time and deported. Immigration Minister
Alex Hawke's office said he was still considering whether to use
his discretionary power to cancel Djokovic's visa.
"In line with due process, Minister Hawke will thoroughly
consider the matter," a spokesman said, declining to comment
further due to legal reasons.
Australia has a policy barring non-citizens or non-residents
from entry unless they are fully vaccinated against COVID-19. It
allows for medical exemptions but the government argued that
Djokovic, who is not vaccinated, did not provide adequate
justification for an exemption.
The court ruled Djokovic was treated unfairly by border force
officials on his arrival and ordered his visa cancellation be
overturned. It did not, however, address whether his exemption -
based on Djokovic contracting COVID-19 last month - was valid.
Djokovic's plight drew international attention, creating a row
between Canberra and Belgrade and fuelling heated debate over
mandatory COVID-19 vaccination policies.
Public opinion in Australia, which is battling an Omicron wave
of infections and where more than 90% of the adult population is
double vaccinated, has been largely against the player.
Melbourne endured the world's longest lockdown and Victoria
state has Australia's highest number of COVID-19 deaths.
Prime Minister Scott Morrison's office said he spoke with
Serbian Prime Minister Ana Brnabic on Monday and explained
Australia's non-discriminatory border policy. Serbian media
reports said Brnabic emphasised the importance of Djokovic being
able to prepare for the tournament.
Djokovic, who expressed his gratitude to the judge and his
determination to compete at the first major of the year in a
Twitter post on Monday, did not publicly address the situation
on Tuesday.
He was filmed by media helicopters practicing at Rod Laver Arena
amid tight security at Melbourne Park. He was also confirmed as
top seed for the event.
The ATP, the governing body of men's tennis, applauded the court
ruling, saying the dispute was "damaging on all fronts,
including for Novak's well-being and preparation for the
Australian Open".
OPPOSITION TO VACCINATION
Djokovic was detained by border officials when he landed at
Melbourne airport last Wednesday night. His visa was cancelled
because he failed to provide appropriate evidence to meet entry
requirements, border officials said.
However, in quashing that decision , Judge Anthony Kelly was
critical of the hours-long airport interview and said the player
had not been given enough time to contact lawyers and tennis
officials to discuss his predicament.
Djokovic had been granted a medical exemption by the Victoria
state government based on evidence he contracted COVID-19 last
month - the second time he had been infected. The player, who
has long opposed mandatory vaccination, confirmed during the
interview he was unvaccinated.
Some Australian media reported that Australian Border Force was
investigating potential discrepancies in the traveller form
submitted by Djokovic and his whereabouts in the days before he
arrived in Australia.
In the document submitted to court Djokovic ticked "no" when
asked he had been overseas in the 14 days prior. Social media
posts, however, appeared to show him in Belgrade on Christmas
Day and in Spain on Dec. 31.
The Australian Border Force did not immediately reply to a
request for comment. Djokovic's lawyers at Hall & Wilcox
declined to comment.
AUSTRALIAN OPEN
The Australian Open begins on Jan. 17. Djokovic has won the
tournament, one of four tennis Grand Slams, for the past three
years and nine times in all.
Spain's Rafa Nadal, who is tied on 20 majors with Djokovic and
Switzerland's Roger Federer, called the fraught build-up to the
tournament a "circus" and said the "fairest decision" had been
made.
Nick Kyrgios said while he supported vaccination he felt
"embarrassed as an Australian athlete, seeing what this guy has
done for us and the sport".
However, former American player turned pundit Pam Shriver warned
on Twitter the controversy may not be over: "If he plays the
booing will be deafening."
Melbourne resident Keith Moore told Reuters: "We've had to go
through vaccination protocols and lockdowns for such a long time
and he swans in and pretty much does what he likes because he's
the world best tennis player."
John Alexander, a member of Morrison's Liberal Party and a
former professional tennis player, said a new decision to deport
Djokovic would diminish the status of the Australian Open.
"We had previously been the poor cousin of the four events," he
said. "We've got a lot going for us, but we need to treat it
carefully."
(Reporting by Reuters bureaus; Writing by Jane Wardell; editing
by Richard Pullin, Michael Perry and Angus MacSwan)
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