Novak Djokovic’s visa cancellation overturned by Australian judge
Novak Djokovic has won his appeal against the decision to cancel his Australian visa with Judge Anthony Kelly ordering that the decision be quashed and he be released from immigration detention immediately.
The judge also ordered the Australian Government to pay legal costs.
#Breaking Judge Anthony Kelly has rule that Djokovic be released from immigration detention within in 30 minutes. He says the visa cancellation decision will be quashed and the government wil have to pay his costs.
— Karen Sweeney (@karenlsweeney) January 10, 2022
However, the saga is far from over as government counsel Christopher Tran informed the court that the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs could still exercise a personal power of cancellation of Djokovic’s visa.
The drama started on Thursday evening when the 20-time Grand Slam winner arrived at Melbourne’s Tullamanrien airport and the Australian Border Forced held him in isolation for more than nine hours.
Government officials eventually decided to cancel his visa and ordered that he stay at an immigration facility until his deportation.
However, the world No 1 decided to go down the legal route and it proved to be correct decision as the judge has ordered that the decision be quashed and also told officials to release him within 30 minutes.
Earlier in the day, the judge ordered Djokovic be removed from detention to be with his lawyers during the hearing and expressed agitation over the rejection of Djokovic’s medical exemption.
“The point I am agitated about is ‘what more could this man have done?'” Judge Kelly asked.
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.
Although it is not over yet as the immigration minister could still cancel the visa, which would result in Djokovic missing the Australian Open.
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