World number one Novak Djokovic scored a shocking victory over the Australian government on Monday, reversing the cancellation of his Covid-19 health-related visa and ending his detention.
It was an extraordinary setback for the government, which has imposed strict restrictions on its borders for the past two years to stop the spread of the coronavirus.
In an online emergency court hearing, the judge ordered that the decision to cancel Djokovic’s visa “be overturned.”
The judge ordered that the unvaccinated tennis superstar “be immediately released from immigration detention.”
“Said release must occur no later than 30 minutes after the execution of this order,” he added.
Australian taxpayers will be asked to pay the costs of Djokovic’s powerful legal team.
“Novak, Novak, Novak,” chanted dozens of fans of the nine-time Australian Open champion as they marched in celebration, to the beat of drums, in front of the Melbourne Federal Courthouse.
The 34-year-old Djokovic had arrived in Melbourne last Wednesday before the Australian Open, which begins in just one week, in hopes of winning a record 21st Grand Slam title.
But even as he savors an extraordinary victory in federal court, his tournament dream may still be out of reach.
The government attorney told the court that the immigration minister, Alex Hawke, could decide to use his “personal power of cancellation” despite the player’s legal victory.
After landing in Australia, Djokovic was interviewed overnight with border agents, who decided that the champion had not presented a solid medical reason for not receiving the puncture.
Djokovic’s visa was revoked and he was transferred to a notorious immigration detention center pending deportation.
He spent four nights at the former Park Hotel, a five-story facility that houses some 32 immigrants trapped in Australia’s hard-line immigration system, some for years.
An initial request by Djokovic to be transferred to a facility where he can train for the Australian Open fell on deaf ears, his lawyers said.
‘Not human conditions’
The court ruling, read in an online hearing, says the player did not have a chance to fully respond before his visa was canceled.
In the early hours of Thursday, Djokovic was told he had until 8:30 a.m. to respond to the proposed cancellation of his visa. But instead, the border agent canceled it at 7:42 am.
If Djokovic had been given until 8:30 am as initially promised, “he could have consulted others and presented arguments to the delegate as to why his visa should not be canceled,” the judge said.
According to a transcript of the interview at the airport, Djokovic told the border control agent: “I really don’t understand why you are not allowing me to enter your country.”
Earlier, at a rally in Belgrade, Djokovic’s mother, Dijana, claimed that her son was “in inhumane conditions” during his four-night stay in the detention center.
“They detained him and they didn’t even give him breakfast, he only ate and dined,” he said, quoted by local media.
“It doesn’t have a normal window, it stares at a wall.”
Although unrelated to his court case, Djokovic’s claim of a positive test on December 16 sparked controversy after it emerged that he had attended a meeting that day for the Serbian national postal service that released a series of stamps on his honor.
Images shared by the Belgrade tennis federation also show him at a young players’ event in the city on December 17.
He reported that he had handed out cups and prizes to the players. No one was wearing a mask.
Another tennis player, Czech doubles specialist Renata Voracova, also had her visa canceled after obtaining a medical exemption.
She flew out of Australia on Saturday after being held at the same Melbourne hub as Djokovic.