Novak Djokovic could be banned from Australia for three years despite winning visa appeal

The cancellation of the Serbian’s visa was quashed by a judge in Melbourne on Monday

Jack Rathborn
Monday 10 January 2022 07:49
Comments
Watch live as Novak Djokovic fans gather outside his hotel amid vaccine controversy

Novak Djokovic could still be banned from Australia for three years despite winning his visa appeal court case.

Djokovic was released to Australia on Monday evening in Melbourne, but the federal minister for immigration maintains the government may pursue further powers to cancel the Serbian’s visa again.

Christopher Tan, the lawyer acting for the government, he told the court that the Minister for Immigration is now contemplating “personal power of cancellation”.

Should the government pursue that process and succeed though, it would raise the prospect of the Serbian being banned from Australia for three years.

This would not be an automatic ban, with the government maintaining already that they could permit Djokovic to return for the Australian Open in 2023 should they succeed in cancelling his visa again.

FOLLOW LIVE: Novak Djokovic latest news after World No 1 wins visa appeal against deportation ahead of Australian Open

Judge Anthony Kelly thanked Mr Tan for the warning, adding: “I could have been something approaching incandescent if I had discovered that for the first time... this evening or the early hours of tomorrow.”

Judge Kelly concluded that Djokovic winning his appeal was not the end of the story: “The stakes have now risen rather than receded.

“I cannot purport to encroach on the valid exercise of a minister of executive power.”

Novak Djokovic is driven away from detention after winning his visa appeal

Djokovic’s legal team filed papers to appeal against border control’s original decision confirming that the men’s No 1-ranked player tested positive for Covid last month and recovered.

He used that as grounds in applying for a medical exemption to Australia’s strict vaccination rules.

The decision at a hearing on Monday by the Federal Circuit and Family Court of Australia means Djokovic, a nine-time champion at Melbourne Park, will now have the chance to defend his 2021 title as things stand.

Djokovic was released from detention some time before 5:46pm local time (6:46am GMT), after judge Kelly’s order was announced at 5:16pm local time (6:16pm GMT) to release Djokovic within 30 minutes.

Register for free to continue reading

Registration is a free and easy way to support our truly independent journalism

By registering, you will also enjoy limited access to Premium articles, exclusive newsletters, commenting, and virtual events with our leading journalists

Already have an account? sign in

By clicking ‘Register’ you confirm that your data has been entered correctly and you have read and agree to our Terms of use, Cookie policy and Privacy notice.

This site is protected by reCAPTCHA and the Google Privacy policy and Terms of service apply.

Join our new commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in