Judge rules that Novak Djokovic should be released

After the judge handed down his ruling, Christopher Tran, the federal government’s barrister, said the government would comply with the decision — but that the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs would consider “whether to exercise a personal power of cancelation.”

In response, Judge Anthony Kelly made clear he wanted to be informed if the legal process was to drag on.

Kelly also confirmed that if Djokovic had been deported, he would not have been allowed back for the next 3 years.

Judge Anthony Kelly has quashed the government’s decision to cancel his visa and ordered Djokovic to be released within 30 minutes of the decision.

The respondent — in this case, the Ministry of Home Affairs — must pay Djokovic’s costs as agreed or assessed, the order added. All his belongings, including his passport, must be returned to him “as soon as reasonably practicable.”

The decision was officially made at 5:16 p.m. local time (1:16 a.m. ET), Kelly said.

The hearing has resumed, with Judge Anthony Kelly confirming that Novak Djokovich is not at the Park Hotel where he had been held, but with his lawyers at an undisclosed location.

At the start of the hearing, Djokovic’s lawyer, Nick Wood, tried to ask for more time — but was shot down by the judge.

For the last five days, the court has “bent over backwards to accommodate these parties in a variety of ways,” Kelly said. “I had made arrangements to secure last night that your client would be with you today. Now, I’ve assumed that’s occurred, am I correct?”

“Yes,” Wood answered.

“So Mr. Djokovic is there with you?” Kelly asked again — to which Wood replied, “Yes, your honor.”

Earlier today, the court released an order dated Sunday that said Djokovic would be allowed to leave the hotel for each day’s proceedings then be brought back afterward.

The controversy around Novak Djokovic’s denial of entry runs much deeper than a rejected visa.

His dispute coincides with a steep rise in Australian Covid-19 cases, as case numbers for the entire pandemic rapidly approach 1 million.

On the surface, that may seem to indicate that Djokovic is not much of a health risk to the Australian public. But for many Australians, memories of painful border closures and other pandemic restrictions remain fresh.

For two years, tens of thousands of Australians were unable to return home, after airlines cut flight numbers to comply with government limits on the number of returning citizens.

A ban was placed on anyone leaving the country without a valid exemption, which was hard to obtain, and all new arrivals were taken into hotels run by the government for two weeks’ quarantine.

Not only were international borders shut, but state borders also slammed closed, preventing families from seeing loved ones without a government-approved reason.

Melbourne and Sydney were locked down for months, until finally at the end of last year the government conceded that the outbreak couldn’t be contained and the country would shift from its zero-Covid stance to living with the virus.

The government messaging was that vaccinations were a way out of the pandemic. Australia has one of the world’s highest vaccination rates — 92% of eligible people over the age of 16 are fully vaccinated, according to government statistics.

So, while Djokovic may be in Australia to play tennis, the suggestion that he could come into the country without being vaccinated to compete doesn’t sit well with many Australian people.

And months before a nationwide election, the government appears to have registered the unease and is now acting accordingly.

The hearing resumed, following a 15-minute delay after the original resumption time — only to be adjourned minutes later.

The injunction on Djokovic’s deportation had been set to expire at 4 p.m. local time, but Christopher Tran, the government’s barrister, said he consented to extend it until 4:30 p.m. Justice Anthony Kelly agreed to extend it until 8 p.m.

Then Tran requested “an additional period of time” — and the hearing was abruptly adjourned. It is unclear when it will resume.

More details have emerged in court and written submissions about the hours between Djokovic’s arrival in Australia late Wednesday night on January 5, and the moment his visa was canceled.

According to court documents, Djokovic arrived at Melbourne Airport in Tullamarine from Spain just before midnight and was taken aside for questioning.

Djokovic’s legal team said at 4:11 a.m. he was purportedly given notice of intention to consider canceling his visa under section 116 of the Migration Act.

A further interview was started at 6:07 a.m., and just over an hour later a decision was made to cancel it, and around 7:42 a.m. Djokovic was told his visa was void. 

During Monday’s hearing Judge Kelly said: When we get to about 4:00 a.m. and travel through to about 6:30 a.m. on the morning of last Thursday, the transcript is replete with statements by Mr. Djokovic saying, ‘If you will let me talk to people although you’ve taken my phone from me, I will try and get you what you want.'”

Djokovic’s lawyer, Nick Wood, Senior Counsel, interrupted with “indeed your honor” before expanding on that point. 

“Not only was Mr. Djokovic doing his level best to provide to the officer at Tullamarine everything that he wanted, and did indeed provide material to that officer, but Mr. Djokovic … did indeed provide that material, that evidence from medical practitioners before he boarded the aircraft,” Wood said.

Later, Commonwealth barrister Christopher Tran referred to reply submissions that suggested Djokovic had felt pressured during the interview.

Tran said: “Can I make it crystal clear that what your honor can’t do is find that any officer intended to pressure him.”

Judge Kelly said there was evidence of a subjective belief that Djokovic was pressured during the interview, which Tran accepted.

As the hearing’s lunch break continues, a small crowd is forming outside the Park Hotel where Djokovic has been held since his arrival in Melbourne.

The numbers are much fewer than previous days, though a larger crowd of media is also present.

Some protesters voice support for Djokovic, arguing he has been unfairly targeted and that he should be allowed to compete.

“Tennis Australia let him in and Scott Morrison locked him out. Why? Look at what he’s done for people all over the world, look at his foundation,” Misovic added. “It doesn’t matter how long it’s going to take — free people in the world and the whole of Serbia is behind him.”

Another group of three Serbian-Australian supporters said, “We’ve been coming here for Djokovic every day and we’ll continue.”

Others are there to highlight the plight of refugees. A few dozen asylum seekers are also being held in the hotel, which serves as a temporary detention facility. Under Australia’s rules, hundreds of asylum seekers were housed at offshore processing centers for years, with some sent to hotels in Australia for health treatment.

But refugees have little hope of immediate freedom, and the conditions they are held in is hugely controversial.

“Free the refugees, stop the torture, let them out,” protesters in front of the hotel chanted on Monday.

Shannon Lindsay, 47, said she had known about the government policy for years — and thought “it was about time I showed up and supported the refugees who have been detained in this country for upwards of nine years.”

If you’re just tuning in, here’s a quick rundown of what you need to know.

What: A hearing is underway to determine whether tennis superstar Novak Djokovic can remain in Australia. He had arrived last week, only to have his visa canceled and face temporary detention because he did not have a valid medical exemption for the vaccination requirement for all arrivals.

Where: The hearing is happening on a virtual call, with a livestream available for the public. Djokovic has been held at the Park Hotel in Melbourne, the same city where the Australian Open is set to take place.

Why: Djokovic was under the impression he could enter the country because he had received a medical exemption from the tournament organizers, which had been granted on the grounds that he had natural immunity after being infected with Covid-19 in December, his defense argued.

The government’s legal defense, meanwhile, argued that authorities have a low bar to canceling visas, and that even the possibility of a risk to Australians’ health was reason enough.

When: Djokovic tested positive on December 16. After recovering, he received a medical exemption from Tennis Australia on December 30, according to court documents. He arrived in Australia unvaccinated on January 5, and was promptly placed in detention. Monday marks the first day of his hearing.

And what we’ve learned today:

Protesters and media have gathered outside the Park Hotel, the temporary detention center where Novak Djokovic is being held.

Earlier today, the court revealed in a newly released order that it had allowed Djokovic to leave the hotel and be moved to a confidential location to watch the hearing, then be taken back to the hotel after daily proceedings end.

CNN has not seen Djokovic leave the Park Hotel. 

Many demonstrators are congregated by the hotel parking lot where Djokovic may be driven in or out, holding signs protesting Australia’s system of indefinite detention. Police are also standing guard outside the parking lot gate, with camera crews set up across the street.