<\/p>\n
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.<\/p>\n
Judge Anthony Kelly has quashed the visa cancellation, and ordered the Australian Government to pay legal costs and release Djokovic from detention within half an hour as he delivered his verdict at 6.16am GMT.<\/p>\n
Government counsel Christopher Tran notified the court that the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs \u2013 not the minister who made the original visa cancellation \u2013 will now consider whether to exercise a personal power of cancellation of Djokovic\u2019s visa. The Australian Open starts on Monday January 17, with the draw taking place on Thursday January 13.<\/p>\n
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\u2019s medical exemption.<\/p>\n
Djokovic\u2019s lawyers presented their arguments to the court, but government lawyer Mr Tran only spoke for half an hour before a lengthy adjournment.<\/p>\n
During that break, the two parties agreed on the minutes of Judge Kelly\u2019s order.<\/p>\n
The minutes note Djokovic was not given adequate time to respond to the notification to cancel his visa.<\/p>\n
The court published an order made yesterday that Djokovic be taken from the Park Hotel \u2013 where he has been held since Thursday \u2013 and brought to \u201ca premises as specified by the applicant\u2019s solicitors\u201d during the hearing.<\/p>\n
The order states: \u201cThe respondent, by her servants or agents, including the Australian Border Force, take all steps and do all things as may be necessary to bring the applicant to premises as specified by the applicant\u2019s solicitors on Monday, 10 January 2022 (and each day thereafter, including upon the delivery of judgment), to permit him to remain there until the conclusion of each hearing and to secure his safe return to detention upon the conclusion of each
hearing.\u201d<\/p>\n
The hearing was delayed by technical issues with the court\u2019s video link, but Djokovic\u2019s lawyers argued their case to Judge Kelly, who asked the court \u201cWhat more could this man have done?\u201d and said he was \u201cagitated\u201d about the issue of Djokovic\u2019s medical exemption.<\/p>\n
\u201cHere, a professor and an eminently qualified physician have produced and provided to the applicant a medical exemption,\u201d Judge Kelly said.<\/p>\n
\u201cFurther 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.\u201d<\/p>\n
Djokovic\u2019s lawyer, Nicholas Wood, has argued the notice of intention to cancel his visa was defective because it was made on \u201ca confusing blend of two grounds\u201d.<\/p>\n
He also argued that Djokovic was treated at the airport as if access to lawyers \u201ccouldn\u2019t possibly\u201d be of assistance in the matter and was not given a reasonable chance to respond to the notice.<\/p>\n
At a press conference before the appeal verdict, Australia\u2019s 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.<\/p>\n
Mr Morrison said: \u201cWell, the matter is before the court so I can\u2019t comment on the matter before the court \u2013 but in relation to the government, our government, the federal government\u2019s 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.\u201d<\/p>\n
It was revealed in court documents submitted by Djokovic\u2019s lawyers that the player had been infected with Covid-19 in December 2021. The documents said the infection was the basis of Djokovic\u2019s medical exemption.<\/p>\n
The documents also noted that Djokovic expressed \u201cshock\u201d, \u201csurprise, and \u201cconfusion\u201d when he was notified of his visa cancellation \u201cgiven that (as he understood it) he had done everything he was required to enter Australia\u201d.<\/p>\n
But Australia\u2019s Home Affairs Department filed court documents in which it stated \u201cthere is no such thing as an assurance of entry by a non-citizen into Australia\u201d and noted that the Minister has the power to cancel Djokovic\u2019s visa a second time if the court rules in his favour.<\/p>\n
\u201cAs the Court raised with the parties at a previous mention, if this Court were to make orders in the applicant\u2019s 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.\u201d<\/p>\n
Source: Sky Sports<\/strong><\/p>\n \n\t<\/div>\n","protected":false},"excerpt":{"rendered":" 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. Judge Anthony Kelly has quashed the visa cancellation, and ordered the Australian Government to pay legal costs and release Djokovic from detention within half an hour as he delivered […]<\/p>\n","protected":false},"author":1,"featured_media":743877,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[19],"tags":[1101,315,785,318,722,1102,1000],"class_list":["post-743876","post","type-post","status-publish","format-standard","has-post-thumbnail","category-sports","tag-appeal","tag-australia","tag-australian","tag-djokovic","tag-open","tag-stay","tag-wins"],"_links":{"self":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/posts\/743876","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/comments?post=743876"}],"version-history":[{"count":0,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/posts\/743876\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/media?parent=743876"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/categories?post=743876"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/tags?post=743876"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}