Djokovic wins appeal, likely — but not definitely — on course to play Australian Open

Novak Djokovic is free to play the Australian Open.

For now.

The world No. 1, whose Australian visa was cancelled by government authorities when he arrived at the Melbourne airport last Thursday night, won his appeal to have it reinstated on Monday afternoon. Federal Circuit Court Judge Anthony Kelly made the decision following hours and hours of testimony that begin at 10:00 am.

Optimism surrounding Djokovic’s case grew when Kelly — very early in the proceedings — stated, “The point I’m somewhat agitated about is, what more could this man have done?”

Well, getting vaccinated is one thing he could have done.

Instead, Djokovic appears to have fabricated a positive Covid-19 test on December 16 — hoping that would allow him to eventually be granted entry into Australia and participate in the season’s first Grand Slam. If Djokovic’s December 16 test really was positive, then he made multiple public appearances in Serbia in the following days — unmasked — despite knowing he was infected. Either scenario, of course, is a PR disaster.

As such, controversy continues to rage Down Under. And the 34-year-old Serb is not out of the woods when it comes to his status for the Aussie Open. Government lawyer Christopher Tran told Kelly in the aftermath of Monday’s ruling that the minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs “will consider whether to exercise a personal power of cancellation.” Alex Hawke was expected to make that decision later on Monday, but it is now delayed. Hawke has the capability of canceling Djokovic’s visa a second time, which result in deportation and an automatic three-year ban from the country.

Hoping to make that possibility less likely, Djokovic immediately went to Melbourne Park upon his release from the Park Hotel detention center to announce himself in Australia and stake claim to his right to be there.

“Despite all that has happened, I want to stay and try to compete @AustralianOpen I remain focused on that,” the nine-time Aussie Open champion posted on social media. “I flew here to play at one of the most important events we have in front of the amazing fans.”

Djokovic’s ordeal began when he flew to Melbourne last week after getting a medical exemption from Tennis Australia to play in the tournament despite being unvaccinated. Upon arrival, however, Djokovic found out that there was a miscommunication–or no communication–between Tennis Australia and the Victorian government. Just because he was allowed to play a tennis tournament didn’t mean he was allowed to enter the country.

Four days in detention later, he is free to do both.

For now.

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30 Comments on Djokovic wins appeal, likely — but not definitely — on course to play Australian Open

  1. If I get this right, the Australian minister for Immigration can cancel any visa and the decision is final (cannot be overturned by anyone). Since the decision is personal, I think that the only thing that Novax can attempt would be a civil suit against the minister himself. However, even if his claim is admissible (probably not), that would only entitle him to monetary compensation.

    I guess that they don’t want to be held responsible for trimming Novax’ GS tally. At this point they are probably trying to figure out whether it’s more damaging to keep him or to deport him. They might be trying to persuade him to leave “voluntarily” so that everybody gets less damage, basically trying to reason with an unreasonable man. I also suspect that Novax feels like they are bluffing and they don’t have the guts to cancel his visa again. And he might be right!

    Unfortunately this is not about the right thing to do here, not anymore.

    • I respectfully disagree Cristian P, this is not about “trimming down his GS tally” guilt. No sane government official cares about that, when people are dying from Covid and the whole world is suffering from Covid. The minister of immigration will cancel his visa, they just want to make sure the cancellation and decision is taken and done to perfection.

      Let’s be real here, Djoko is not God and nobody cares about his grand slam tally. That’s a really childish excuse for not cancelling his visa when he’s not vaccinated and refused to do so, he lied and endangered lives with his Covid lackadaisical attitude, he probably forged his Covid “positive” test and is playing by his own rules. They will cancel his visa to set a precedent that nobody is above the law.

      The Prime Minister has said no king of Scotland, queen of England Elizabeth nor tennis star is above the law or rules, that they all must follow the rules when coming to this country. That sums it up perfectly. They have the guts to cancel his visa and they will cancel it emphatically, his grand slam tally or whoever he thinks he is be damned.

      • Happy,

        I have to believe that you are right. I don’t see the authorities giving a damn about his grand slam tally. They have to answer to the people. There have been sacrifices made by the people of Australia and that should be respected.

        The one who cares about his grand slam tally is Novak. He would do anything to play here in his best slam. His records and obsession with being the GOAT is all that matters to him. He has lied and falsified information. He threw his agent under the bus for indicating on his visa that he did not travel 14 days prior to coming to Australia.

        Novak thought he would get away with it because of who he is. I hope the government officials mean what they say that even if it was a King or Queen Elizabeth herself, there are NO exceptions. Otherwise it’s as though they are saying that human lives don’t matter.

        Novak went to that interview knowing he was positive for Covid. But he never told the journalist or photographer. There are pictures of him in Spain before he traveled to Australia. He doesn’t care about the pandemic.

        I just hope they go the right thing. The decent thing. Send a message that the rules are for everyone, no exceptions for a top athlete who thinks the world revolves around him.

        • They don’t care about Novak’s Grand Slam tally but they care a lot about the future of Tennis Australia and the Australia Open itself … and therein lies the problem. Not many ways to go to bat against Djokovic’s entry into Australia without going after the very people who so cynically facilitated it (while clearly knowing they were going against the letter of the law.)

          I hope they do the right thing too but am very doubtful now — though I think they will regret not acting if he wins as the world will see an incredibly empowered anti-vaxx movement with a hero who appears above the law. (Which might not be Djokovic’s intention but it’s going to happen anyway.) And no matter what happens next with Covid, the world isn’t done with pandemics or the need for vaccines.

        • What is going on with you? You don’t know what they are going to do.

          So you are bothered by Rafa’s draw? He will handle it and do his best. It is what it is. At least he is playing. I would think you might be happy about that instead of being so relentlessly negative.

          • You called it, NNY! I was really doubtful after they allowed the draw to be made with Djokovic in it but here we go again.

  2. The post above is not by me amy. It’s by some imposter…I would never post anything from the Spectator. It glorifies Nazis for one thing. I haven’t bothered to read the article.
    Think I know who is pretending to be me…

    • amy,

      I am not going to lie. It was really difficult. This is one time I did not want to move. I had movers and there were problems with them. Everything that could go wrong fix go wrong. My knee doctor made me get a cane when he heard I was moving. I am not going to talk about the gory details, but under the best of circumstances moving is quite difficult. I had to postpone getting shots in my back. I am on blood thinners so it takes a week to get off them. I will get the shots on January 24. I have a back doctor who is a gift from God. It will take a little time but I am trying to just deal with it.

      It’s not easy getting older but moving like this just makes it worse.

      Thanks for asking. 😍

        • Margot,

          Thanks. Lovely to see you here again. Andy is looking good these days. So nice to see!

          Is your Prime Minister going to get the boot with a vote of no confidence?

          • Alas no 🙁 He’ll cling onto power like a leech and will have to be prised from power with a very sharp knife, probably wielded by Sunak.

          • Margot, Looks like Rich as Croesus will replace him. I read that his hedge fund’s dubious manoeuvres started the chain of events leading to the government bail out of the banks.
            He’s just the man for the Tory faithful..!

          • Hi NNY, I haven’t been visiting tennis grand for quite some time now; I don’t know how are you doing. Reading from the comments here, you’re not doing well physically, I hope you are getting better now, do take care!

          • Lucky,

            How great it is to see you here! I was wondering where you were.

            It has been difficult with this pandemic. Elective surgeries are risky with this virus. The wurst thing is the Governor here in Florida. I call him Little Hitler. He is just horrible. He has not taken the virus seriously.

            So far I am hanging in there.

            Thanks for your kind words. ❤️

          • Nny, I was,worried you were going through a very bad time. I am so sorry. I absolutely hate moving. There is something profoundly emotionally and psychologically disruptive about it and to do it under these kinds of circumstances must have been very very stressful.
            Thank God you have a great back doctor. That is really important!
            Sending you my love and support again and thinking of you..
            Xxx

          • amy,

            Your words are so true. Thank you for realizing just how bad it is now to move. The rental market is very bad. Prices have gone up and there is very little available. This is the time to stay put. Physically I was not in any shape to move. It took a lot out of me and I am just exhausted. So much went wrong.

            It is one of life’s major stresses. Right up there with divorce and death.

            It takes a while to get settled. You know it’s bad when your doctors are worried about you having to move.

            I am looking forward to watching the tennis. It will be so nice to see Rafa playing again.

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