Djokovic free of detention but could still face deportation

Fans of Serbian Novak Djokovic surround a car as it leaves the offices of lawyers following his court win ahead of the Australian Open in Melbourne, Australia, Monday, Jan. 10, 2022. Picture: AP Photo/Mark Baker

Novak Djokovic is free after Australian immigration minister Alex Hawke declined to make use of a four-hour window to cancel the tennis star’s visa and keep him in detention.

Mr Hawke had four hours to use his personal power under the Migration Act if the Australian government wanted to try to keep the tennis champion in detention.

According to the Sydney Morning Herald, the government chose not to make a decision within the four-hour period, meaning Djokovic is free to leave.

Djokovic could still face the prospect of deportation after a spokesperson for Mr Hawke confirmed the process “remains ongoing”.

The spokesperson said: “Following today’s Federal Circuit and Family Court determination on a procedural ground, it remains within Immigration Minister Hawke’s discretion to consider cancelling Mr Djokovic’s visa under his personal power of cancellation within section 133C(3) of the Migration Act.

“The Minister is currently considering the matter and the process remains ongoing.” 

It is understood that previous reports of a four-hour window for the decision to be reversed are redundant because it would only have applied if Djokovic had been re-interviewed.

It is expected Mr Hawke will make a decision on whether to cancel his visa as early as tomorrow.

Djokovic will give a press conference at 1pm (Irish time), his father has told the BBC.

Srdan Djokovic said his son with take part in a planned family press conference via a video link. The family had been due to address the media around now but the event has been put back to 1300 GMT (midnight in Australia).

'Hectic' scenes

Earlier, police in Melbourne gathered outside the office of Novak Djokovic's lawyer following the ruling this morning by a judge overturning the decision to refuse him entry to Australia.

This morning, Djokovic won an appeal against a decision to refuse him a visa in the Federal Circuit Court of Australia ahead of the Australian Open.

Judge Anthony Kelly quashed the visa cancellation and ordered the Australian Government to pay legal costs and release Djokovic from detention within half an hour.

Things have escalated quickly with police using pepper/capsicum spray on protesters who were blocking the car’s path. I saw at least one protester spit on an officer and several men threw water bottles at them, striking multiple officers

— Michael Miller (@MikeMillerDC) January 10, 2022

Officers were seen standing outside the offices of the world number one's legal team as a white van used to transport detained migrants drove into the basement.

It is believed he was inside the office, however, he has not been seen since the judge's ruling earlier this morning.

Supporters of Djokovic have also gathered outside the offices of his legal team where scenes have been described as "hectic".

Fans of Serbian tennis star Novak Djokovic chase a car wrongly believed to be carrying him outside the Rialto building believed to be where he was located ahead of the Australian Open in Melbourne, Australia, Monday, Jan. 10, 2022. Picture: AP Photo/Hamish Blair)

Police used pepper spray against Novak Djokovic supporters who mobbed a car that was exiting the building.

A black car emerged about 8.45pm local time with fans, many in Serbian coloured clothing, surrounding the vehicle as it moved at a snail’s pace down King Street.

The chanting and dancing around the car became more intense and eventually people were dancing on top of the car and banging on its windows.

Around this time, police began moving people away from the front of the car.

Some fans then reacted by shoving officers and verbally abusing them.

Police used O.C spray to move them along.

After the crowd dispersed, a large group of fans confronted the police and hurled bottles and verbal abuse at them.

It is not clear if the car was actually carrying Djokovic.

He was not in the front seat or the back left seat. The back right window had a shade blocking the view from outside.

Djokovic wins appeal

Novak Djokovic. World number one men's tennis player Novak Djokovic has won an appeal against a decision to refuse him a visa in the Federal Circuit Court of Australia ahead of the Australian Open. Picture: Adam Davy/PA Wire.

Government counsel Christopher Tran notified the court that the Minister for Immigration will now consider whether to exercise a personal power of cancellation of Djokovic’s visa.

The court also released a transcript of Djokovic’s interview with Australian Border Force last week, during which the Serb confirmed he has had Covid-19 twice and is not vaccinated.

Earlier in the day Djokovic was removed from detention to be with his lawyers during the hearing, and Judge Anthony Kelly expressed agitation over the rejection of Djokovic’s medical exemption.

Djokovic’s lawyers presented their arguments to the court, but government lawyer Mr Tran only spoke for half an hour before a lengthy adjournment.

During that break the two parties agreed on the minutes of Judge Kelly’s order.

The minutes note Djokovic was not given adequate time to respond to the notification to cancel his visa.

A police officer stands by a slogan on the wall outside the Park Hotel, used as an immigration detention hotel where tennis player Novak Djokovic is confined in Melbourne, Australia, Sunday, Jan. 9, 2022. Picture: AP Photo/Mark Baker

Earlier, the court published an order made yesterday that Djokovic be taken from the Park Hotel – where he had been held since Thursday – and brought to “a premises as specified by the applicant’s solicitors” during the hearing.

The hearing was delayed by technical issues with the court’s video link, but Djokovic’s lawyers argued their case to Judge Kelly, who asked the court “What more could this man have done?” and said he was “agitated” about the issue of Djokovic’s medical exemption.

“Here, a professor and an eminently qualified physician have produced and provided to the applicant a medical exemption,” Judge Kelly said.

“Further to that, that medical exemption and the basis on which it was given was separately given by a further independent expert specialist panel established by the Victorian state government and that document was in the hands of the delegate.” 

Djokovic’s lawyer, Nicholas Wood, has argued the notice of intention to cancel his visa was defective because it was made on “a confusing blend of two grounds”.

He also argued that Djokovic was treated at the airport as if access to lawyers “couldn’t possibly” be of assistance in the matter and was not given a reasonable chance to respond to the notice.

At a press conference, Australia’s Prime Minister Scott Morrison was asked by a reporter to respond to comments from Tennis Australia chief executive Craig Tiley stating he was given conflicting government advice on medical exemptions.

Fans of Serbia's Novak Djokovic react to news of his overturned ruling outside Federal Court ahead of the Australian Open in Melbourne, Australia, Monday, Jan. 10, 2022. Picture: AP Photo/Hamish Blair

Mr Morrison said: “Well, the matter is before the court so I can’t comment on the matter before the court … but in relation to the government, our government, the federal government’s advice to Tennis Australia, that was set out very clearly in November, as I read the extract from this very podium, it could not be more clear.” 

Mr Morrison refused to comment on court documents submitted by the government which indicate Djokovic may remain in detention despite winning his appeal.

The documents urged the court to only “quash the decision and costs” and said “it is inappropriate to make any further orders, whether they be for immediate release or even remitter to the delegate for reconsidering according to the law”.

They also noted: “An order for immediate release does not prevent re-detention if there is power to detain.” 

It was revealed in court documents submitted by Djokovic’s lawyers that the player had been infected with Covid-19 in December 2021. The documents said the infection was the basis of Djokovic’s medical exemption.

The documents also noted that Djokovic expressed “shock”, “surprise, and “confusion” when he was notified of his visa cancellation “given that (as he understood it) he had done everything he was required to enter Australia”.

A supporter of Serbian Novak Djokovic holds placards outside an immigration detention hotel where Djokovic is confined in Melbourne, Australia, Monday, Jan. 10, 2022. Picture: AP Photo/Mark Baker

But Australia’s Home Affairs Department filed court documents in which it stated “there is no such thing as an assurance of entry by a non-citizen into Australia” and noted that the Minister has the power to cancel Djokovic’s visa a second time if the court rules in his favour.

“As the Court raised with the parties at a previous mention, if this Court were to make orders in the applicant’s favour, it would then be for the respondent to administer the Act in accordance with law. That may involve the delegate deciding whether to make another cancellation decision, but there are also other powers in the Act, as the Court would be aware.” 

In the transcript of his interview with Australian Border Force, when asked why he was travelling to Australia, Djokovic said: “I’m a professional tennis player and the main reason for me coming to Australia is participating in the Australian Open in Melbourne Victoria.” 

In response to a question about his vaccination status, he said: “I am not vaccinated.” When asked if he had ever had Covid-19, Djokovic replied: “I had Covid twice, I had Covid in June 2020 and I had Covid recently in – I was tested positive – PCR – 16th December 2021.” 

Please record the awkward moment when you tell them you’ve spent most of your career campaigning to have people from Eastern Europe deported.😉 https://t.co/rfFn1hdXlu

— Andy Murray (@andy_murray) January 9, 2022

British politician and pro-Brexit campaigner Nigel Farage had earlier tweeted from Belgrade with the Djokovic family showing his support for the Serb, prompting a response from two-time Wimbledon champion Andy Murray.

“Please record the awkward moment when you tell them you’ve spent most of your career campaigning to have people from Eastern Europe deported,” tweeted the Scot.

After the decision, Farage tweeted again saying the Australian Government would “look dreadful” if it cancelled Djokovic’s visa a second time.