(Melbourne) Novak Djokovic was training at the site of the Australian Open on Tuesday, the day after his resounding legal victory against the Australian government and his release, while his participation is still pending, the Australian government still being able to cancel a again his visa.
The world No. 1 in tennis, who dreams of winning his 21 in Melbournee Grand Slam title, was seen warming up in a gym before entering the players’ area and heading to center court, six days before the start of competition.
“I came here to play one of the most important tournaments in front of incredible spectators,” the unvaccinated 34-year-old Serbian ace said on Instagram late Monday, under a photo of him and her. his team standing on center court at the Australian Open.
But with one week before the start of the Australian Open (January 17-30), Christopher Tran, a government lawyer, warned that Canberra could still decide to send the player off, which would have the consequence of barring him from entering on the territory for three years.
“Personal power”
The Australian government said Monday evening it was considering what action to take.
“Immigration Minister Hawke still has the option to consider revoking Djokovic’s visa under his personal authority,” his office said in a media statement.
“The minister is currently studying the matter and the process is still ongoing,” he added.
Judge Anthony Kelly’s ruling, however, is a stinging setback for Australia, which has imposed strict border restrictions to tackle the pandemic for two years.
The judgment also provides that the legal costs incurred by the 34-year-old player – who claims to have contracted COVID-19 in December to justify his request for medical exemption – will have to be reimbursed and will be at the expense of the Australian taxpayer.
Nine-time Australian Open champion Djokovic landed in the country on January 5, with a medical exemption from vaccination justified by a positive test for COVID-19 on December 16 of last year.
“I am not vaccinated,” Djokovic told the border official, according to a transcript released by the court. He said he was baffled that his medical exemption, approved by two medical committees in Australia, was not accepted.
After an overnight interrogation at Melbourne airport, border control officers ruled the medical exemption was not valid, canceled his visa and transferred him to a detention center pending deportation.
The Australian government insists that a recent infection only counts as an exemption for residents, not foreign nationals trying to enter the country.
According to the court’s findings, the player did not have the opportunity to present his arguments before his visa was invalidated by the authorities.
The morning after his arrival, Djokovic was informed that he had until 8:30 a.m. to respond to the possible cancellation of his visa. But at 7.42 a.m., the customs officer had already canceled it.
For the judge, if the authorities had given him time, Djokovic “could have consulted other people and presented arguments to explain why his visa should not be canceled”.
“Biggest victory”
In Belgrade, his family for their part welcomed the decision, believing that justice had been served.
“For me, it’s the biggest victory of his career, bigger than any of his Grand Slams,” even commented his mother Dijana.
The player posted on his social networks a photo where he appears racket in hand on a Melbourne court with part of his team, including his coach Goran Ivanisevic.
ATP, which operates the men’s tennis circuit, said the case leading up to the trial had been “damaging on all fronts, including Novak’s well-being and his preparation for the Australian Open.” .
The tennis governing body said it respects the ‘sacrifices’ of the Australians, who endured travel restrictions and blockages for two years’ but added that it was clear that on their way to Melbourne the player “thought he had obtained a necessary medical exemption”.