Novak Djokovic wins court battle against Australia, judge orders release from detention

Novak Djokovic has won his right to stay in Australia after a judge ruled in his favor on Monday, finding the government's decision to revoke his visa "unreasonable."

Circuit Court Judge Anthony Kelly ordered the government to release Djokovic from the hotel quarantine within 30 minutes of the ruling, and return his passport and other travel documents to him.

Will Djokovic be able to play in the Australian Open?

The ruling rekindles the world tennis number one's hopes of winning a record-breaking 21st Grand Slam title.

However, the court was told Australia's immigration minister has reserved the right to exercise ministerial power to revoke Djokovic's visa.

In response, the judge warned the government lawyers that "the stakes have now risen, rather than receded."

Tennis commentator Steve Pearce told DW that if the government does use executive power to cancel Djokovic's visa, that would result in him being banned for three years from the country.

"It's a really significant moment for the federal government in Australia," he said.

"Does it stand by everything it's been saying over this last week, that this man (Djokovic) shouldn’t be in the country, or do they let the court decision stand, and everything moves on? Really intriguing"

Why was Djokovic held at an immigration facility?

The Serbian tennis player had been held been in immigration detention in Melbourne alongside long-term asylum seeker detainees since Thursday.

Border authorities had questioned the legitimacy of his exemption from having to be fully vaccinated to enter the country, something the government argued in court on Monday.

According to Djokovic's lawsuit, the Department of Home Affairs wrote to him this month saying he had satisfied the requirements to enter the country.

The Australian government, however, said that the department's email did not indicate "that his so-called 'medical exemption' would be accepted.

In a court filing on Sunday, the government said that no foreigner is guaranteed entry into Australia.

"There is no such thing as an assurance of entry by a non-citizen into Australia. Rather, there are criteria and conditions for entry, and reasons for refusal or cancellation of a visa," the government said.

Djokovic's vaccine skepticism has been in the public eye since April 2020, when he expressed an unwillingness to be jabbed, almost eight months before doses were rolled out to the public and just a few weeks into the pandemic.

Timing technicality

The judge, government lawyers, and Djokovic's legal team came to an understanding that the case need not go any further on basis of a timing technicality, commentator Pearce told DW.

"The border force officials stated at 05:20 on Thursday morning that Novak Djokovic could have until 8:30 pm to present his argument as to why he should be allowed into Australia," he explained.

"But at 7:42 pm, nearly an hour before that deadline was set to expire, the visa was canceled anyway, therefore denying Djokovic the opportunity to speak to Tennis Australia and put forward further presentations," Pearce said.

On that basis, the government does not seem to have contested this decision. Therefore, Djokovic is a free man," he added.

What is the COVID situation in Australia?

Australia, and Melbourne in particular, has witnessed some of the strictest lockdowns over the last two years, in order to ward off the virus.

Over 90% of Melbourne's 5 million inhabitants are fully vaccinated.

Australia on Monday surpassed 1 million COVID-19 cases, with more than half of them registered in the past week, as the omicron variant ripped through most of the country driving up hospitalization numbers and putting a strain on supply chains.