Tennis player Novak Djokovic on Monday won his legal battle to stay in Australia and thus participate in the Australian Tennis Open even though he is not vaccinated against COVID-19, but the government is threatening to cancel his visa a second time.
Novak Djokovic’s visa had been canceled after arriving in Australia last week as authorities ruled he did not qualify for an exemption from the rule requiring foreign visitors to be vaccinated.
Federal Court Judge Anthony Kelly recognized the tennis star’s visa as valid and gave the government 30 minutes to allow him to leave the quarantine hotel where he spent the last four nights.
However, the lawyer representing the government of Australia, Christopher Tran, told the judge that the Minister of Immigration, Citizenship, Immigrant Services and Multicultural Affairs, Alex Hawke, would consider the possibility of exercise personal power to cancel a visa.
This means that Novak Djokovic could face expulsion from the country again, which would deprive him of a participation in the Grand Slam tournament which starts on January 17th.
Moreover, an expulsion under a ministerial decision would mean that Novak Djokovic could not set foot in Australia for at least three years.
The Australian government canceled the 34-year-old athlete’s visa shortly after arriving in Melbourne last Wednesday. Its presence has caused widespread public disapproval as Australians who are not vaccinated against the coronavirus face severe travel and quarantine restrictions.
Documents filed in court state that Novak Djokovic is not vaccinated.
Australia’s Conservative Prime Minister Scott Morrison will seek a fourth three-year term as head of the country next May. Since the emergence of the Omicron variant, he has been criticized for his handling of the health crisis and a few days ago he assured that the tennis star would not be given preferential treatment.
Novak Djokovic maintains that he does not have to show proof of vaccination because he can show that he was infected with COVID-19 last month.
Judge Kelly took note that upon arrival at Melbourne Airport, Novak Djokovic exhibited a medical exemption provided by Tennis Australia and two medical authorities.
The judge then ruled that the athlete could not do more.
Novak Djokovic has won the Australian Open nine times, including in each of the past three years. In men’s singles, he holds 20 Grand Slam titles in his career, which places him tied with Roger Federer and Rafael Nadal.