Novak Djokovic WILL be able to play in the Australian Open after an Aussie estimate ordered him to be freed from quarantine.
The decision to cancel the player’s visa is “unreasonable” – and he must be closest released, the court found.
However, the world number one, an anti-vaxxer, could confront in addition more legal battles as ministers mull using a “personal strength” to cancel the visa.
A government lawyer warned that Australia may in addition use ministerial powers to order his removal from the country, which would consequence in him being banned for three years.
As it stands, Djokovic’s passport and all personal effects will be returned to him imminently.
The government must also pay his legal costs, the estimate ordered.
The Herald Sun reports Djokovic has now left the Park Hotel – but remains in detention.
He was given special permission to be with his lawyers for the current court hearing.
He will keep in Australia until at the minimum 8pm Australian time (9am GMT) today as government lawyers put the finishing touches on their case.
The 34-year-old had been forced into a hotel which houses asylum seekers after a U-turn by Australian authorities.
His mum Dijana said he was being “kept like a prisoner” in a “small immigration hotel, if it is a hotel at all”. She said the site was “dirty” and maggot-infested with “terrible” food.
The Serbian nine-time winner Down Under was given his marching orders following a six-hour stand-off at Melbourne’s Tullamarine Airport.
He had initially been granted a vaccine exemption – his lawyers said, because he contracted Covid-19 in December – to compete before his visa was dramatically cancelled.
His legal team claimed he only agreed to the cancellation because he was disorientated by without of sleep, and left reeling by official’s “procedurally unfair” treatment.
The Mail on Sunday reports Djokovic’s visa had “effectively” been cancelled while he was nevertheless airborne on the the Boeing 777-300ER craft from Dubai, and border officials learned of his case.
Court documents claim Aussie officials made “mischievous and spurious” attempts to rush him into signing off on the cancellation.
He was then detained, despite pleading to be moved to more elaborate digs with a tennis court or to have his private chef provide vegan meals – requests which were denied.
But already after today’s decision to free him, the ace could confront a huge backlash from Australians, who have been divided on the decision to detain him.
He has not openly spoken about his jab position, but last year did let in that he was “opposed” to vaccination.
He told reporters: “Personally I am opposed to vaccination.
“I wouldn’t want to be forced by someone to take a vaccine in order to be able to travel.”
estimate Anthony Kelly said today he was “disturbed” about the case – and asked: “What more could this man have done?”
“Here, a professor and an eminently qualified physician have produced and provided to the applicant a medical exemption,” estimate Kelly said.
“Further 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.”
Djokovic’s lawyer, Nicholas Wood, has argued the notice of intention to cancel his visa was defective because it was made on “a confusing blend of two grounds”.
This could allow him to play some of his best tennis
He also argued that Djokovic was treated at the airport as if access to lawyers “couldn’t possibly” be of assistance in the matter and was not given a reasonable chance to respond to the notice.
Counsel for the Australian Government Christopher Tran will say Djokovic did respond to the notice.
At a press conference, Australia’s chief Minister Scott Morrison was asked to respond to claims that Djokovic was given conflicting advice on medical exemptions.
Mr Morrison said: “In relation to the government, our government, the federal government’s advice to Tennis Australia, that was set out very clearly in November.
“It could not be more clear.”
Former British No 1 Greg Rusedski hailed the “good news” on Good Morning Britain today – and said it could “allow him to play some of his best tennis”, already if he’s booed.
“He has a lot to prove,” he said.
“Yes, the fans might be against him, but a lot of fans will be supporting him in addition.”
He said he has “every right to defend his title”, adding: “This is great for the event.”
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