Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

The twists and turns in Novak Djokovic's farcical court hearing

The twists and turns in Novak Djokovic's farcical court hearing

Judge asked 'What more could this man have done?' and ordered immediate release of detained tennis star
The Australian government is considering whether to cancel Novak Djokovic’s visa for a second time, even after a federal judge decided that he should be allowed to remain in the country and compete for a record-extending 10th title at Melbourne Park.

Despite Judge Anthony Kelly finding in the world No1’s favour, dismissing calls for Djokovic’s deportation and stating that he could not have done any more to demonstrate his right to enter the country as an unvaccinated foreign national, Alex Hawke, Australia’s immigration minister, confirmed he retained discretionary powers to throw him out regardless.

The late twist provoked wild anger on the streets of Melbourne, as hundreds of Djokovic’s supporters waved Serbian flags and hurled vitriol at police officers, who used pepper spray to try to disperse the crowds.

The verdict by federal judge Anthony Kelly was unambiguous, declaring that the revoking of Djokovic’s visa after eight hours’ interrogation at Melbourne Airport was unreasonable and that he had to be released from his detention facility immediately. He said the tennis star had not been given enough time to arrange legal representation to defend himself against the original decision to cancel his visa.

The move marked a stunning embarrassment for the Australian government, who had sought to use this case as proof that nobody was too rich or too privileged to bypass the nation’s uncompromising Covid-19 vaccination rules.

After 3½ hours’ debate at the Federal Circuit Court in Melbourne, interrupted by several adjournments, the end came quickly. At 5.16pm local time, long after courts usually sit in this city, the judge quashed the initial visa ruling by Australian Border Force and demanded that Djokovic be freed from detention within 30 minutes.

And yet for all Djokovic’s relief at the verdict, his ordeal in the Australian court system was not at an end. “Following today’s Federal Circuit and Family Court determination on a procedural ground, it remains within the minister’s discretion to cancel Mr Djokovic’s visa under his personal power of cancellation within section 133C(3) of the Migration Act,” said a spokesperson for Mr Hawke. “The minister is currently considering the matter and the process remains ongoing.”

The resolve of Scott Morrison’s government to make an example of Djokovic, whose grounds for a medical exemption they regard as spurious, was evident when Christopher Tran, the lawyer acting on their behalf, signalled that the immigration minister could “consider whether to exercise the personal power of cancellation” over his right to stay. Sure enough, Mr Hawke’s office indicated that they were not letting the matter lie.

The stand-off between Djokovic and an Australian administration campaigning for re-election in four months’ time has become a high-wire political game. On the one hand, Morrison has significant reputational capital invested in the Serb’s case, having used it as symbolic of Australia’s unbending restrictions at the border. “Rules are rules,” as he put it, before Judge Kelly’s intervention left those rules in doubt. But on the other hand, the prime minister risks looking vindictive if he continues to pursue other avenues for ejecting Djokovic from the country.

Judge Kelly was satisfied that Djokovic had provided all possible evidence to illustrate his exemption from the vaccination requirements. “The point I am somewhat agitated about is what more could this man have done?” he asked. “Here, a professor and an eminently qualified physician have produced and provided to the applicant a medical exemption. Further to this, the exemption and its basis were further given by an independent expert specialist panel established by the Victorian state government.”

With the hearing also plagued by technical difficulties for those trying to dial in remotely, the judge demanded that Djokovic be transferred out of the Park Hotel in Carlton – a detention facility usually reserved for refugees and asylum-seekers – so that he could follow the rapid developments in his case.

Ultimately, the judge deemed the cancellation of Djokovic’s visa “unreasonable” as he had been told, at 5.20am on January 6, that he could have until 8.30am to respond to officials. Djokovic, who was incommunicado throughout his cross-examination at Melbourne Airport, had pleaded: “If you will let me talk to people, even though you have taken my phone from me, I will get you what you want.”

Instead, the call to revoke the visa was made before that deadline, at 7.42am, depriving Djokovic of the time that he could have used to “consult others” and make further representations. Paul Wood, Djokovic’s barrister, told the court: “What emerges with the utmost clarity from a transcript of Mr Djokovic’s interviews at the airport was a repeated appeal to officers that he had done absolutely everything he understood was required of him to enter Australia.”

His four days since, holed up at a grimy hotel with little contact to the outside world, have been draining even for a player conditioned to grappling for adversity. At one stage he asked whether he could be moved to more salubrious accommodation, or whether his private chef could provide him with vegan meals, but these requests were denied. Only when the judge’s ruling came through could he begin preparing to move to his usual quarters in Melbourne’s inner south-east.

For now at least, Djokovic, not to mention the hundreds of Serb supporters who have been protesting in the centre of Melbourne, can toast a victory against what they perceive as an oppressive Australian system. In the tumultuous career of Djokovic, it marks just one more trial of strength that has been won. But it could be Morrison, who has an election to win and a courtroom humiliation to explain, who has the final say.
AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
Putin Celebrates ‘Unprecedentedly High’ Ties with China as Gazprom Seals Power of Siberia-2 Deal
China Unveils New Weapons in Grand Military Parade as Xi Hosts Putin and Kim
Rapper Cardi B Cleared of Liability in Los Angeles Civil Assault Trial
Google Avoids Break-Up in U.S. Antitrust Case as Stocks Rise
Couple celebrates 80th wedding anniversary at assisted living facility in Lancaster
Information Warfare in the Age of AI: How Language Models Become Targets and Tools
The White House on LinkedIn Has Changed Their Profile Picture to Donald Trump
"Insulted the Prophet Muhammad": Woman Burned Alive by Angry Mob in Niger State, Nigeria
Trump Responds to Death Rumors – Announces 'Missile City'
Druzhba Pipeline Incident Sparks Geopolitical Tensions
Cost of Opposition Leader Péter Magyar's Economic Plan Revealed
Germany in Turmoil: Ukrainian Teenage Girl Pushed to Death by Illegal Iraqi Migrant
United Krack down on human rights: Graham Linehan Arrested at Heathrow Over Three X Posts, Hospitalised, Released on Bail with Posting Ban
Asian and Middle Eastern Investors Avoid US Markets
Ray Dalio Warns of US Shift to Autocracy
Eurozone Inflation Rises to 2.1% in August
Russia and China Sign New Gas Pipeline Deal
Von der Leyen's Plane Hit by Suspected Russian GPS Interference in an Incident Believed to Be Caused by Russia or by Pro-Peace or by Anti-Corruption European Activists
China's Robotics Industry Fuels Export Surge
Suntory Chairman Resigns After Police Probe
Gold Price Hits New All-Time Record
UK Fintechs Explore Buying US Banks
Greece Suspends 5% of Schools as Birth Rate Drops
Apollo to Launch $5 Billion Sports Investment Vehicle
Bolsonaro Trial Nears Close Amid US-Brazil Tension
European Banks Push for Lower Cross-Border Barriers
Poland's Offshore Wind Sector Attracts Investors
Budapest Central European Fashion Week Kicks Off
U.S. Celebrates Labor Day
Hungarian National Team Captain Scores Epic Goal
EU is getting aggressive: Four AfD Candidates Die Unexpectedly Ahead of North Rhine-Westphalia Local Elections
Japanese Customer Sways from VW to BYD after “Unbelievable” Test Drive amid Dealership Expansion
Nestlé Removes CEO Laurent Freixe Following Undisclosed Relationship with Subordinate
Pickles are the latest craze among Generation Z in the United States.
Giuliani Seriously Injured in Accident – Trump to Award Him the Presidential Medal of Freedom
Deadline Day Delivers Record £125m Isak Move and Donnarumma to City
Nvidia Reveals: Two Mystery Customers Account for About 40% of Revenue
Woody Allen: "I Would Be Happy to Direct Trump Again in a Film"
Lula and Putin Hold Strategic BRICS Discussions Ahead of Trump–Putin Summit
White House Eyes Budapest for Peace Talks
Cave Diving Beneath the Streets of Budapest
Another American Restaurant Chain Opens in Budapest
Hungarian Opposition Politician Supports Ukrainian Commander
Opposition Leader Threatens Media Outlets
American Airlines Adds New Flights to Budapest
F1 Hungarian Grand Prix Wraps Up
WhatsApp is rolling out a feature that looks a lot like Telegram.
U.S. Trade Representative says Washington still negotiating trade deals after court rules tariffs illegal
Von der Leyen says Europe drawing up 'precise' plans to send troops to Ukraine
Kremlin accuses Europe of hindering Trump’s peace efforts in Ukraine
×