After a river hearing of several hours, marked by numerous technical incidents, the Australian justice decided on Monday to release Novak Djokovic. Federal Judge Anthony Kelly appeared to come to the 34-year-old’s defence. “What more could this man have done?” he asked, after listing the documents provided by Novak Djokovic to obtain his visa and obtain the right to participate in the Australian Open.
The player was released quickly. The Australian justice recognizes by this decision that the government did not offer Djokovic sufficient time to respond after the cancellation of his visa. The saga may not be completely over: the Minister of Immigration, Alex Hawke, can now intervene in person to cancel the visa of the world number 1. Christopher Tran, a government lawyer, confirms that Canberra could still decide to deport the Serbian player, which would result in him being banned from entering Australia for three years.
In the meantime, this court decision sounds like a first victory for “Djoko”. «Novak, Novak, Novak»chanted dozens of fans of the champion while parading, beating drums, in front of the federal court in Melbourne, which decided the case which has held Australia, Serbia and the whole world in suspense since January 5, around the fate of the player placed since his arrival in a detention center for foreigners in Melbourne.
At the start of the afternoon, the “Djoker” posted a message on Twitter, accompanied by a photo of him on the court: “I want to stay and try to participate in the Australian Open” :
I’m pleased and grateful that the Judge overturned my visa cancellation. Despite all that has happened,I want to stay and try to compete @AustralianOpen
I remain focused on that. I flew here to play at one of the most important events we have in front of the amazing fans. ???? pic.twitter.com/iJVbMfQ037— Novak Djokovic (@DjokerNole) January 10, 2022
Imbroglio
The case originates from the decision of Tennis Australia (the Australian tennis federation) to grant the world tennis star an exemption, on the grounds of his infection with Covid-19 in December, to participate in the first Grand Slam of the season. His request had previously been approved by two independent medical panels, according to his lawyers. But when he arrived in the country, on the night of Wednesday to Thursday, the federal authorities had therefore refused him entry, considering that his grounds for exemption did not meet the strict conditions for entry into the territory linked to the fight. against Covid-19.
“I really don’t understand the reason why you don’t allow me to enter your country”, Djokovic had told a customs officer when he arrived at Melbourne airport on the night of January 5 to 6, according to a transcript of his interrogation. On Saturday, Djokovic’s lawyers had also confirmed in a document filed with the federal court that he had tested positive for Covid-19 on December 16, 2021. Which had not prevented the champion from attending two public events in Belgrade, without a mask, the same day and the day after this positive test.
The Australian government insists that a recent Covid-19 infection only counts as an exemption for residents only, not foreign nationals trying to enter the country. Djokovic “is not vaccinated”, Australia’s lawyers pointed out in their submissions made public on Sunday. “This visa application must be refused”, they pleaded. Foreigners are still banned from travel to Australia, and those allowed entry must be fully vaccinated or have a medical exemption.
Retained as “Djoko” after also seeing her visa canceled, Czech player Renata Voracova, a doubles specialist, left Australia on Saturday, according to a government source.
At the Australian Open, which takes place from January 17 to 30, Djokovic aimed to offer himself a 21st Grand Slam tournament, which would have placed him at the top of tennis history, ahead of his two historic rivals. , Roger Federer and Rafael Nadal. The Spaniard believes that now Novak Djokovic should have the right to play in the tournament. Justice “said he had the right to participate in the Australian Open and I really believe that it is the fairest if that is what has been decided, and it seems that is the case”, Nadal estimated this Monday morning on Spanish radio Onda Cero. It remains to be seen whether it will be fulfilled.
Update at 2:30 p.m., with Djokovic’s statement.