Tag Archives: Novak Djokovic

Novak Djokovic returns to court as he continues to fight deportation from Australia

Novak Djokovic returned to court on Sunday to fight an attempt to deport him because of what a government minister described as a perception that the top-ranked tennis player was a “talisman of a community of anti-vaccination sentiment.”

Three Federal Court judges hope to hear the entire case in a single day, so that the men’s No. 1-ranked tennis player and nine-time Australian Open champion might begin on Monday his title defense at the first Grand Slam tennis tournament of the year.

Djokovic spent Saturday night in hotel immigration and his lawyers had a morning meeting with immigration officials.

Television footage showed the 34-year-old Serb wearing a face mask as he sat in a vehicle near an immigration detention hotel.

He is permitted to leave hotel detention to spend Sunday in his lawyers’ offices, under the guard of two immigration officials, while the challenge is heard via a video hearing.

Novak Djokovic returns to court on January 15, 2022. 

James Ross / AP


Djokovic spent four nights confined to a hotel near downtown Melbourne before being released last Monday when he won a court challenge on procedural grounds against his first visa cancellation.

Immigration Minister Alex Hawke on Friday blocked the visa, which was originally revoked when he landed at a Melbourne airport on January 5.

Deportation from Australia can lead to a three-year ban on returning to the country, although that may be waived, depending on the circumstances.

On Sunday, Federal Chief Justice James Allsop gave his reasons for rejecting Hawke’s argument that the case only warranted a hearing by a single judge.

Allsop cited Hawke’s own words that the issues behind his decision to cancel the visa “go to the very preservation of life and health of many members of the community.”

A verdict of three judges is far less likely to be appealed than the decision of a single judge.

Djokovic could not appeal a decision made on Sunday or Monday in time to compete in the Australian Open, Allsop said.

“Any right of appeal of Mr. Djokovic, if he lost, would or maybe in least in part made inutile because of the proximity of the commencement of the event being the purpose of his visit and the purpose of his visa,” Allsop said.

Lawyers for Djokovic filed documents in court that revealed Hawke had stated that the tennis star “is perceived by some as a talisman of a community of anti-vaccination sentiment.”

Australia has one of the highest COVID-19 vaccination rates in the world.

But the minister said Djokovic’s presence in Australia may be a risk to the health and “good order” of the Australian public and “may be counterproductive to efforts at vaccination by others in Australia.”

The Health Department advised that Djokovic was a “low” risk of transmitting COVID-19 and a “very low” risk of transmitting the disease at the Australian Open.”

The minister cited comments Djokovic made in April 2020 that he was “opposed to vaccination” and had wouldn’t want to be forced by someone to take a vaccine to compete.

Djokovic’s lawyers argued that the minister had cited no evidence that Djokovic’s presence in Australia may “foster anti-vaccination sentiment.”

Hundreds of activists held a peaceful rally outside the Melbourne Park complex that hosts the Australian Open, and planned another for Monday.

“We’re at Rod Laver Arena to support Novak. He’s won nine (Australian Open) titles here. Hopefully this will be No. 10 — if he can get out of quarantine and get his visa back,” Harrison McLean, one of the rally organizers, said. “We’re a peaceful movement, here to raise awareness and support everyone’s freedom of choice.”

On Saturday, Federal Chief Justice James Allsop announced that he would hear the case with Justices David O’Callaghan and Anthony Besanko.

The decision for three judges to hear the appeal instead of a single judge elevates the importance of the case from the judiciary’s perspective and means any verdict would be less likely to be appealed.

Sydney-based immigration lawyer Simon Jeans said he was surprised that Djokovic was no longer being deported because his COVID-19 infection last month did not exempt him from Australia’s strict rules that foreign visitors are vaccinated unless there are sound medical reasons that they can’t be.

“The unanswered question is if Djokovic was such a threat to good order, why grant him a visa” in November? Jeans asked. “This is a high-risk strategy. It’s going to be much harder for the minister to convince three judges that what he did was in the public interest.”

Djokovic, who has won the last three Australian Open titles, is seeking a record 21st Grand Slam singles title. He is currently tied with Rafael Nadal and Roger Federer for the most by a man in history.

In a post on social media Wednesday that constituted his most extensive public comments yet on the episode, Djokovic blamed his agent for checking the wrong box on his travel document, calling it “a human error and certainly not deliberate.”

In that same post, Djokovic said he went ahead with an interview and a photo shoot with a French newspaper in Serbia despite knowing he’d tested positive for COVID-19. Djokovic has been attempting to use what he says was a positive test taken on Dec. 16 to justify a medical exemption that would allow him to avoid the vaccine requirement on the grounds that he already had COVID-19.

In canceling Djokovic’ visa, Hawke said Prime Minister Scott Morrison’s government “is firmly committed to protecting Australia’s borders, particularly in relation to the COVID-19 pandemic.”

The episode has touched a nerve in Australia, and particularly in Victoria state, where locals went through more than 260 days of lockdowns during the worst of the pandemic.

Australia faces a massive surge in virus cases driven by the highly transmissible omicron variant. On Friday, the nation reported 130,000 new cases, including nearly 35,000 in Victoria state. Although many infected people aren’t getting as sick as they did in previous outbreaks, the surge is still putting severe strain on the health system and disrupting supply chains.

Djokovic’s supporters in Serbia have been dismayed by the visa cancellations. Serbian President Aleksandar Vucic accused the Australian government of “harassing” and “maltreating” Djokovic and asked whether Morrison’s government is just trying to score political points ahead of upcoming elections.

“Why didn’t you return him back right away, or tell him it was impossible to get a visa?” Vucic asked the Australian authorities in a social media address. “Why are you harassing him and why are you maltreating not only him, but his family and an entire nation that is free and proud.”

Everyone at the Australian Open is required to be vaccinated.

According to Grand Slam rules, if Djokovic is forced to pull out of the tournament before the order of play for Day 1 is announced, No. 5 seed Andrey Rublev would move into Djokovic’s spot in the bracket.

If Djokovic withdraws from the tournament after Monday’s schedule is released, he would be replaced in the field by what’s known as a “lucky loser” — a player who loses in the qualifying tournament but gets into the main draw because of another player’s exit before competition has started.

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Djokovic back in court to fight deportation from Australia

MELBOURNE, Australia (AP) — Novak Djokovic returned to court on Sunday to fight an attempt to deport him because of what a government minister described as a perception that the top-ranked tennis player was a “talisman of a community of anti-vaccination sentiment.”

Three Federal Court judges hope to hear the entire case in a single day so that the men’s No. 1-ranked tennis player and nine-time Australian Open champion might begin on Monday his title defense at the first Grand Slam tennis tournament of the year.

Djokovic spent Saturday night in hotel immigration and his lawyers had a morning meeting with immigration officials.

Television footage showed the 34-year-old Serb wearing a face mask as he sat in a vehicle near an immigration detention hotel.

He is permitted to leave hotel detention to spend Sunday in his lawyers’ offices, under the guard of two immigration officials, while the challenge is heard via a video hearing.

Djokovic spent four nights confined to a hotel near downtown Melbourne before being released last Monday when he won a court challenge on procedural grounds against his first visa cancellation.

Immigration Minister Alex Hawke on Friday blocked the visa, which was originally revoked when he landed at a Melbourne airport on Jan. 5.

Deportation from Australia can lead to a three-year ban on returning to the country, although that may be waived, depending on the circumstances.

On Sunday, Federal Chief Justice James Allsop gave his reasons for rejecting Hawke’s argument that the case only warranted a hearing by a single judge.

Allsop cited Hawke’s own words that the issues behind his decision to cancel the visa “go to the very preservation of life and health of many members of the community.”

A verdict of three judges is far less likely to be appealed than the decision of a single judge.

Jokovic could not appeal a decision made on Sunday or Monday in time to compete in the Australian Open, Allsop said.

“Any right of appeal of Mr. Jokovic, if he lost, would or maybe in least in part made inutile because of the proximity of the commencement of the event being the purpose of his visit and the purpose of his visa,” Allsop said.

Lawyers for Djokovic filed documents in court that revealed Hawke had stated that the tennis star “is perceived by some as a talisman of a community of anti-vaccination sentiment.”

Australia has one of the highest COVID-19 vaccination rates in the world.

But the minister said Djokovic’s presence in Australia may be a risk to the health and “good order” of the Australian public and “may be counterproductive to efforts at vaccination by others in Australia.”

The Health Department advised that Djokovic was a “low” risk of transmitting COVID-19 and a “very low” risk of transmitting the disease at the Australian Open.”

The minister cited comments Djokovic made in April 2020 that he was “opposed to vaccination” and had wouldn’t want to be forced by someone to take a vaccine to compete.

Djokovic’s lawyers argued that the minister had cited no evidence that Djokovic’s presence in Australia may “foster anti-vaccination sentiment.”

Hundreds of activists held a peaceful rally outside the Melbourne Park complex that hosts the Australian Open, and planned another for Monday.

“We’re at Rod Laver Arena to support Novak. He’s won nine (Australian Open) titles here. Hopefully this will be No. 10 — if he can get out of quarantine and get his visa back,” Harrison McLean, one of the rally organizers, said. “We’re a peaceful movement, here to raise awareness and support everyone’s freedom of choice.”

On Saturday, Federal Chief Justice James Allsop announced that he would hear the case with Justices David O’Callaghan and Anthony Besanko.

The decision for three judges to hear the appeal instead of a single judge elevates the importance of the case from the judiciary’s perspective and means any verdict would be less likely to be appealed.

Sydney-based immigration lawyer Simon Jeans said he was surprised that Djokovic was no longer being deported because his COVID-19 infection last month did not exempt him from Australia’s strict rules that foreign visitors are vaccinated unless there are sound medical reasons that they can’t be.

“The unanswered question is if Djokovic was such a threat to good order, why grant him a visa” in November? Jeans asked. “This is a high-risk strategy. It’s going to be much harder for the minister to convince three judges that what he did was in the public interest.”

Djokovic, who has won the last three Australian Open titles, is seeking a record 21st Grand Slam singles title. He is currently tied with Rafael Nadal and Roger Federer for the most by a man in history.

In a post on social media Wednesday that constituted his most extensive public comments yet on the episode, Djokovic blamed his agent for checking the wrong box on his travel document, calling it “a human error and certainly not deliberate.”

In that same post, Djokovic said he went ahead with an interview and a photo shoot with a French newspaper in Serbia despite knowing he’d tested positive for COVID-19. Djokovic has been attempting to use what he says was a positive test taken on Dec. 16 to justify a medical exemption that would allow him to avoid the vaccine requirement on the grounds that he already had COVID-19.

In canceling Djokovic’ visa, Hawke said Prime Minister Scott Morrison’s government “is firmly committed to protecting Australia’s borders, particularly in relation to the COVID-19 pandemic.”

The episode has touched a nerve in Australia, and particularly in Victoria state, where locals went through more than 260 days of lockdowns during the worst of the pandemic.

Australia faces a massive surge in virus cases driven by the highly transmissible omicron variant. On Friday, the nation reported 130,000 new cases, including nearly 35,000 in Victoria state. Although many infected people aren’t getting as sick as they did in previous outbreaks, the surge is still putting severe strain on the health system and disrupting supply chains.

Djokovic’s supporters in Serbia have been dismayed by the visa cancellations. Serbian President Aleksandar Vucic accused the Australian government of “harassing” and “maltreating” Djokovic and asked whether Morrison’s government is just trying to score political points ahead of upcoming elections.

“Why didn’t you return him back right away, or tell him it was impossible to get a visa?” Vucic asked the Australian authorities in a social media address. “Why are you harassing him and why are you maltreating not only him, but his family and an entire nation that is free and proud.”

Everyone at the Australian Open is required to be vaccinated.

According to Grand Slam rules, if Djokovic is forced to pull out of the tournament before the order of play for Day 1 is announced, No. 5 seed Andrey Rublev would move into Djokovic’s spot in the bracket.

If Djokovic withdraws from the tournament after Monday’s schedule is released, he would be replaced in the field by what’s known as a “lucky loser” — a player who loses in the qualifying tournament but gets into the main draw because of another player’s exit before competition has started.

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AP Sports Writer John Pye contributed to this report.

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More AP tennis: https://apnews.com/hub/tennis and https://twitter.com/AP_Sports



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Novak Djokovic appeal of canceled visa moves to higher court

MELBOURNE, Australia — Novak Djokovic was reported to be back in immigration detention Saturday after his legal challenge to avoid being deported from Australia for being unvaccinated for COVID-19 was moved to a higher court.

A Federal Court hearing has been scheduled for Sunday, a day before the men’s No. 1-ranked tennis player and nine-time Australian Open champion was due to begin his title defense at the first Grand Slam tennis tournament of the year.

Police closed down a lane behind the building where Djokovic’s lawyers are based and two vehicles exited the building mid-afternoon local time on Saturday. In television footage, Djokovic could be seen wearing a face mask in the back of a vehicle near an immigration detention hotel.

The Australian Associated Press reported that Djokovic was back in detention. He spent four nights confined to a hotel near downtown Melbourne before being released last Monday when he won a court challenge on procedural grounds against his first visa cancellation.

Immigration Minister Alex Hawke on Friday blocked the 34-year-old Serb’s visa, which was originally revoked when he landed at a Melbourne airport on Jan. 5.

Deportation from Australia can lead to a three-year ban on returning to the country, although that may be waived, depending on the circumstances.

Djokovic has acknowledged that his travel declaration was incorrect because it failed to indicate that he had been in multiple countries over the two weeks before his arrival in Australia.

But the incorrect travel information is not why Hawke decided that deporting Djokovic was in the public interest.

His lawyers filed documents in court on Saturday that revealed Hawke had stated that “Djokovic is perceived by some as a talisman of a community of anti-vaccination sentiment.”

Australia is one of the most highly vaccinated populations in the world, with 89% of people aged 16 and older fully inoculated against COVID-19.

But the minister said that Djokovic’s presence in Australia may be a risk to the health and “good order” of the Australian public. His presence “may be counterproductive to efforts at vaccination by others in Australia,” the minister said.

The Health Department advised that Djokovic was a “low” risk of transmitting COVID-19 and a “very low” risk of transmitting the disease at the Australian Open.

The minister cited comments Djokovic made in April 2020, before a COVID-19 vaccine was available, that he was “opposed to vaccination.”

Djokovic had “previously stated he wouldn’t want to be forced by someone to take a vaccine” to compete in tournaments.

The evidence “makes it clear that he has publicly expressed anti-vaccination sentiment,” the minister wrote in his reasons for canceling Djokovic’s visa.

Djokovic’s lawyers argue that the minister had cited no evidence that Djokovic’s presence in Australia may “foster anti-vaccination sentiment.”

Djokovic will be allowed out of hotel detention on Sunday to visit his lawyers’ offices for the video court hearing.

On Saturday, Justice David O’Callaghan suggested a full bench rather than a single judge hear the case on Sunday. A full bench is three or five judges.

A full bench would mean any verdict would be less likely to be appealed. The only avenue of appeal would be the High Court and there would be no guarantee that that court would even agree to hear such an appeal.

Djokovic’s lawyer Paul Holdenson opted for a full bench while Hawke’s lawyer Stephen Lloyd preferred a single judge.

Legal observers suspect Lloyd wants to keep the option open of another Federal Court appeal because he thinks the minister can mount a stronger case without the rush to reach a verdict before Monday.

Chief Justice James Allsop will decide how many judges hear the case.

The case on Saturday was elevated from the Federal Circuit and Family Court to the Federal Court. But the number of judges who will hear the case starting at 9:30 a.m. local time (5:30 p.m. ET) on Sunday had yet to be determined.

Djokovic has won the past three Australian Opens, part of his overall Grand Slam haul of 20 championships. He is tied with Rafael Nadal and Roger Federer for the most by a man in history.

In a post on social media Wednesday that constituted his most extensive public comments yet on the episode, Djokovic blamed his agent for checking the wrong box on the form, calling it “a human error and certainly not deliberate.”

In that same post, Djokovic said he went ahead with an interview and a photo shoot with a French newspaper in Serbia despite knowing he had tested positive for COVID-19 two days earlier. Djokovic has been attempting to use what he says was a positive test taken on Dec. 16 to justify a medical exemption that would allow him to skirt the vaccine requirement on the grounds that he already had COVID-19.

In canceling Djokovic’ visa, Hawke said that Prime Minister Scott Morrison’s government “is firmly committed to protecting Australia’s borders, particularly in relation to the COVID-19 pandemic.”

Morrison himself welcomed Djokovic’s pending deportation. The episode has touched a nerve in Australia, and particularly in Victoria state, where locals went through hundreds of days of lockdowns during the worst of the pandemic.

Australia faces a massive surge in virus cases driven by the highly transmissible omicron variant. On Friday, the nation reported 130,000 new cases, including nearly 35,000 in Victoria state. Although many infected people aren’t getting as sick as they did in previous outbreaks, the surge is still putting severe strain on the health system, with more than 4,400 people hospitalized. It has also disrupted workplaces and supply chains.

“This pandemic has been incredibly difficult for every Australian, but we have stuck together and saved lives and livelihoods. … Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected,” Morrison said Friday. “This is what the Minister is doing in taking this action today.”

Djokovic’s supporters in Serbia have been dismayed by the visa cancellations.

Everyone at the Australian Open — including players, their support teams and spectators — is required to be vaccinated. Djokovic is not inoculated.

His exemption was approved by the Victoria state government and Tennis Australia, apparently allowing him to obtain a visa to travel. But the Australian Border Force rejected the exemption and canceled his visa when he landed in the country.

Djokovic spent four nights in an immigration detention hotel before a judge overturned that decision. That ruling allowed him to move freely around Australia and he has been practicing at Melbourne Park daily.

“It’s not a good situation for anyone,” said Andy Murray, a three-time Grand Slam champion and five-time runner-up at the Australian Open. “It just seems like it’s dragged on for quite a long time now.”

According to Grand Slam rules, if Djokovic is forced to pull out of the tournament before the order of play for Day 1 is announced, No. 5 seed Andrey Rublev would move into Djokovic’s spot in the bracket.

If Djokovic withdraws from the tournament after Monday’s schedule is released, he would be replaced in the field by what’s known as a “lucky loser” — a player who loses in the qualifying tournament but gets into the main draw because of another player’s exit before competition has started.

And if Djokovic plays in a match — or more — and then is told he can no longer participate in the tournament, his next opponent would simply advance to the following round and there would be no replacement.

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Novak Djokovic has visa revoked a second time in Australia, expected to appeal

Novak Djokovic faces deportation again after the Australian government revoked his visa for a second time, the latest twist in the ongoing saga over whether the No. 1-ranked tennis player will be allowed to compete in the Australian Open despite being unvaccinated for COVID-19.

Immigration Minister Alex Hawke said Friday that he used his ministerial discretion to cancel the 34-year-old Serb’s visa on public interest grounds — just three days before play begins at the Australian Open, where Djokovic has won a record nine of his 20 Grand Slam titles.

Three hours later, Djokovic’s lawyers began their appeal against the visa cancellation in an after-hours hearing at the Federal Circuit and Family Court. The same judge, Anthony Kelly, ruled in favor of Djokovic earlier this week on procedural grounds after his visa was first canceled when he landed at a Melbourne airport.

Djokovic’s lawyer Nick Wood told Kelly he hoped that an appeal will be heard Sunday and that Djokovic would have his visa returned in time for him to play Monday, when the top half of the draw is set to compete.

Djokovic remains free Friday night but would effectively return to immigration detention when he meets with Australian Border Force officials at 8 a.m. Saturday (4 p.m. ET Friday).

He would spend the morning at his lawyers’ offices under Border Force guard and return to hotel detention Saturday afternoon.

Deportation from Australia can lead to a three-year ban from the country, although that may be waived, depending on the circumstances.

Hawke said he canceled the visa on “health and good order grounds, on the basis that it was in the public interest to do so.” His statement added that Prime Minister Scott Morrison’s government “is firmly committed to protecting Australia’s borders, particularly in relation to the COVID-19 pandemic.”

Djokovic’s main ground of appeal against Hawke’s decision was that it was not based on the health risk that the tennis champion might pose by not being vaccinated but on how he might be perceived by anti-vaxxers.

“The minister only considers the potential for exciting anti-vax sentiment in the event that he’s present,” Wood said.

Hawke’s reasons do not take into account the potential impact on anti-vaxxers of Djokovic being forcibly removed, Wood said.

“The minister gives no consideration whatsoever to what effect that may have on anti-vax sentiment and indeed on public order,” Wood said. “That seems patently irrational.”

Morrison welcomed Djokovic’s pending deportation. The whole episode has touched a nerve in Australia, particularly in Victoria state, where locals went through hundreds of days of lockdowns during the worst of the pandemic and there is a vaccination rate among adults of more than 90%.

Australia is facing a massive surge in coronavirus cases driven by the highly transmissible omicron variant. On Friday, the nation reported 130,000 new cases, including nearly 35,000 in Victoria state. Although many infected people aren’t getting as sick as they did in previous outbreaks, the surge is still putting a severe strain on the health system, with more than 4,400 people hospitalized. It’s also causing disruptions to workplaces and supply chains.

“This pandemic has been incredibly difficult for every Australian, but we have stuck together and saved lives and livelihoods. … Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected,” Morrison said in a statement. “This is what the Minister is doing in taking this action today.”

Everyone at the Australian Open — including players, their support teams and spectators — is required to be vaccinated for COVID-19. Djokovic is not inoculated and had sought a medical exemption on the grounds that he had COVID-19 in December.

That exemption was approved by the Victoria state government and Tennis Australia, apparently allowing him to obtain a visa to travel. But the Australian Border Force rejected the exemption and canceled his visa when he landed in Melbourne on Jan. 5.

Djokovic spent four nights in an immigration detention hotel before a judge on Monday overturned that decision. That ruling allowed Djokovic to move freely around Australia, and he has been practicing at Melbourne Park daily to prepare to play in a tournament he has won each of the past three years.

Australian Open organizers announced the top half of the men’s and women’s draws will be played Monday. That means Djokovic, the top seed, would have to play on Day 1 of the tournament.

He had a practice session scheduled for midafternoon Friday at Rod Laver Arena, the tournament’s main stadium, but pushed that to the morning and was finished several hours before Hawke’s decision was announced in the early evening.

After the visa cancellation, media started gathering outside the building where Djokovic reportedly was meeting with his lawyers.

An Australian Open spokeswoman said tournament organizers did not have any immediate comment on the latest development in Djokovic’s situation, which has overshadowed all other storylines heading into the year’s first Grand Slam event.

“It’s not a good situation for anyone,” said Andy Murray, a three-time Grand Slam champion and five-time runner-up at the Australian Open. “Just want it obviously to get resolved. I think it would be good for everyone if that was the case. It just seems like it’s dragged on for quite a long time now — not great for the tennis, not great for the Australian Open, not great for Novak.”

World No. 4 Stefanos Tsitsipas, speaking before Hawke’s decision, said Djokovic was “playing by his own rules” and making vaccinated players “look like fools.”

Tennis Australia announced that nine players would hold pre-tournament news conferences Saturday, and Djokovic’s name was not on the list.

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Andy Murray says Novak Djokovic’s ongoing visa controversy isn’t good for the Australian Open.

With his legal situation in limbo, Djokovic was placed in the tournament bracket in Thursday’s draw, slated to face Miomir Kecmanovic in an all-Serbian matchup in the first round.

According to Grand Slam rules, if Djokovic is forced to pull out of the tournament before the order of play for Day 1 is announced, No. 5 seed Andrey Rublev would move into Djokovic’s spot in the bracket and face Kecmanovic.

If Djokovic withdraws from the tournament after Monday’s schedule is released, he would be replaced in the field by what’s known as a “lucky loser” — a player who loses in the qualifying tournament but gets into the main draw because of another player’s exit before competition has started.

And if Djokovic plays in a match and then is told he can no longer participate in the tournament, his next opponent would simply advance to the following round and there would be no replacement.

Melbourne-based immigration lawyer Kian Bone said Djokovic’s lawyers face an “extremely difficult” task to get court orders over the weekend to allow their client to play next week.

Speaking hours before Hawke’s decision was announced, Bone said: “If you left it any later than he has done now, I think from a strategic standpoint, he’s really hamstringing Djokovic’s legal team, in terms of what sort of options or remedies he could obtain.”

The Associated Press and Reuters contributed to this report.

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Double-fault: Visa revoked again, Djokovic faces deportation

MELBOURNE, Australia (AP) — Novak Djokovic faces deportation again after the Australian government revoked his visa for a second time, the latest twist in the ongoing saga over whether the No. 1-ranked tennis player will be allowed to compete in the Australian Open despite being unvaccinated for COVID-19.

Immigration Minister Alex Hawke said Friday he used his ministerial discretion to cancel the 34-year-old Serb’s visa on public interest grounds — just three days before play begins at the Australian Open, where Djokovic has won a record nine of his 20 Grand Slam titles.

Djokovic’s lawyers were expected to appeal at the Federal Circuit and Family Court, which they already successfully did last week on procedural grounds after his visa was first canceled when he landed at a Melbourne airport.

A hearing was scheduled for Friday night.

Deportation from Australia can lead to a three-year ban on returning to the country, although that may be waived, depending on the circumstances.

Hawke said he canceled the visa on “health and good order grounds, on the basis that it was in the public interest to do so.” His statement added that Prime Minister Scott Morrison’s government “is firmly committed to protecting Australia’s borders, particularly in relation to the COVID-19 pandemic.”

Morrison himself welcomed Djokovic’s pending deportation. The whole episode has touched a nerve in Australia, and particularly in Victoria state, where locals went through hundreds of days of lockdowns during the worst of the pandemic and there is a vaccination rate among adults of more than 90%.

Australia is currently facing a massive surge in virus cases driven by the highly transmissible omicron variant. On Friday, the nation reported 130,000 new cases, including nearly 35,000 in Victoria state. Although many infected people aren’t getting as sick as they did in previous outbreaks, the surge is still putting severe strain on the health system, with more than 4,400 people hospitalized. It’s also causing disruptions to workplaces and supply chains.

“This pandemic has been incredibly difficult for every Australian but we have stuck together and saved lives and livelihoods. … Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected,” Morrison said in a statement. “This is what the Minister is doing in taking this action today.”

Everyone at the Australian Open — including players, their support teams and spectators — is required to be vaccinated for the illness caused by the coronavirus. Djokovic is not inoculated and had sought a medical exemption on the grounds that he had COVID-19 in December.

That exemption was approved by the Victoria state government and Tennis Australia, apparently allowing him to obtain a visa to travel. But the Australian Border Force rejected the exemption and canceled his visa when he landed in Melbourne on Jan. 5.

Djokovic spent four nights in an immigration detention hotel before a judge on Monday overturned that decision. That ruling allowed Djokovic to move freely around Australia and he has been practicing at Melbourne Park daily to prepare to play in a tournament he has won each of the past three years.

He had a practice session originally scheduled for mid-afternoon Friday at Rod Laver Arena, the tournament’s main stadium, but pushed that to the morning and was finished several hours before Hawke’s decision was announced in the early evening.

After the visa cancellation from Hawke, media started gathering outside the building where Djokovic reportedly was meeting with his lawyers.

An Australian Open spokeswoman said tournament organizers did not have any immediate comment on the latest development in Djokovic’s situation, which has overshadowed all other story lines heading into the year’s first Grand Slam event.

Tennis Australia announced that nine players would hold pre-tournament news conferences Saturday, and Djokovic’s name was not on the list.

With his legal situation still in limbo, Djokovic was placed in the tournament bracket in Thursday’s draw, slated to face Miomir Kecmanovic in an all-Serbian matchup in the first round.

According to Grand Slam rules, if Djokovic is forced to pull out of the tournament before the order of play for Day 1 is announced, No. 5 seed Rublev would move into Djokovic’s spot in the bracket and face Kecmanovic.

If Djokovic withdraws from the tournament after Monday’s schedule is released, he would be replaced in the field by what’s known as a “lucky loser” — a player who loses in the qualifying tournament but gets into the main draw because of another player’s exit before competition has started.

And if Djokovic plays in a match — or more — and then is told he can no longer participate in the tournament, his next opponent would simply advance to the following round and there would be no replacement.

Melbourne-based immigration lawyer Kian Bone said Djokovic’s lawyers face an “extremely difficult” task to get court orders over the weekend to allow their client to play next week.

Speaking hours before Hawke’s decision was announced, Bone said: “If you left it any later than he has done now, I think from a strategic standpoint, he’s really hamstringing Djokovic’s legal team, in terms of what sort of options or remedies he could obtain.”

Djokovic’s lawyers would need to go before a duty judge of the Federal Circuit and Family Court, or a higher judge of the Federal Court, to get two urgent orders. One order would be an injunction preventing his deportation, such as what he won in court last week.

The second would force Hawke to grant Djokovic a visa to play.

“That second order is almost not precedented,” Bone said. “Very rarely do the courts order a member of the executive government to grant a visa.”

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McGuirk reported from Canberra, Australia.

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More AP tennis: https://apnews.com/apf-Tennis and https://twitter.com/AP_Sports



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Novak Djokovic A Great Player But “Oz Entitled To Throw Him Out”: Shane Warne

Shane Warne expressed his views on the Novak Djokovic COVID jab saga.© AFP

Former Australian cricketer Shane Warne on Friday said that Novak Djokovic is entitled to not get a COVID jab but Australia is also allowed to deport the world number one men’s singles tennis player from the country. Djokovic on Wednesday admitted that he had conducted an in-person media interview and photoshoot in December despite knowing that he was COVID-19 positive. Djokovic, who took the ‘official and approved’ PCR test on December 16, also revealed that he had not received the notification of a positive PCR test result until after attending a tennis event in Belgrade on Dec 17 where he presented awards to the children.

On the aforementioned days, the Serbian also did a rapid antigen test, which both times tested negative.

“Novak is a great tennis player & one of the all time greats. No doubt. But he’s lied on entry forms, been out in public when he knew he had covid & is now facing legal cases. He’s entitled to not be jabbed but Oz is entitled to throw him out ! Agree ? #shambles,” Shane Warne tweeted.

After knowing the COVID positive result, Djokovic on December 18 at his tennis centre in Belgrade fulfilled a ‘long-standing commitment’ for a media interview and photoshoot for a French daily.

However, Djokovic had conceded that giving an interview was an error of judgement and accepted that he should have rescheduled the commitment.

This comes after the tennis star won his legal appeal on procedural grounds on Monday, quashing the border officer’s initial decision to cancel his visa.

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Judge Anthony Kelly of the Federal Circuit and Family Court of Australia quashed the cancellation of Djokovic’s visa and confirmed the twenty-time Grand Slam winner Serbian will be permitted to stay in Australia.

Djokovic was also ordered to be released from detention immediately with his passport and “personal effects”.

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After Australian Open draw delay, Novak Djokovic slated to open title defense against fellow Serbian Miomir Kecmanovic

MELBOURNE, Australia — Novak Djokovic now knows he’ll face fellow Serbian Miomir Kecmanovic in the first round of his Australian Open title defense, if he’s allowed to play.

Djokovic’s visa status dominated attention until the moment the draw was conducted Thursday to determine the brackets for the men’s and women’s singles draws at the first major tennis tournament of 2022.

And after it.

The Australian immigration minister is still considering whether to deport the nine-time and defending Australian Open champion, who is not vaccinated against COVID-19.

So Djokovic remains in limbo.

Top-ranked Djokovic had his visa canceled on arrival in Melbourne last week when his vaccination exemption was questioned, but he won a legal battle on procedural grounds that allowed him to stay in the country.

Immigration Minister Alex Hawke has been considering the question since a judge reinstated Djokovic’s visa on Monday.

The 34-year-old Djokovic has been trying to focus his attention on the playing court in the four days since he was released from immigration detention. He held a practice session at Rod Laver Arena, his fourth this week, in the midafternoon.

If he’s allowed to stay, Djokovic’s bid for a men’s record 21st major title could mean a quarterfinal against No. 7-ranked Matteo Berrettini and possibly a semifinal against Rafael Nadal or third-seeded Alexander Zverev, who are both on the bottom side of his half of the draw.

On the women’s side, top-ranked Ash Barty and defending champion Naomi Osaka ended up in the same section of the draw, meaning two of the best players in the tournament could meet in a fourth-round match that has the feeling of a final.

Osaka, who has been ranked as high as No. 1, slid down the list because of her lack of matches in 2021 and is seeded 13th.

The Australian Open draw was delayed Thursday amid uncertainty over Djokovic’s visa status.

It was scheduled to be held at 3 p.m. local time in Melbourne, but a tournament official told waiting media that the ceremony had been postponed until further notice and declined further comment.

It was later rescheduled to 4:15 p.m. local time.

The Australian Open begins Monday. Djokovic traveled to Australia seeking to win a 21st Grand Slam titles to break the men’s record of 20 he shares with Roger Federer and Nadal.

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Australian Open draw delayed amid uncertainty around Novak Djokovic’s visa status

MELBOURNE, Australia — The Australian Open draw was delayed at least 75 minutes Thursday amid uncertainty over top-ranked Novak Djokovic’s visa status.

The draw, to determine the men’s and women’s singles brackets at the year’s first tennis major, was scheduled to be held at 3 p.m. local time in Melbourne, but a tournament official told waiting media that the ceremony had been postponed until further notice and declined further comment.

It was later rescheduled to 4:15 p.m. local time.

The Australian Open begins Monday. Djokovic traveled to Australia seeking to win a 21st Grand Slam title to break the men’s record of 20 he shares with Roger Federer and Rafael Nadal.

The Australian immigration minister was still considering whether to deport the nine-time and defending Australian Open champion, who is not vaccinated against COVID-19, on public interest grounds.

Djokovic remained in limbo.

The 34-year-old Serb had his visa canceled on arrival in Melbourne last week when his vaccination exemption was questioned, but he won a legal battle on procedural grounds that allowed him to stay in the country.

Immigration Minister Alex Hawke can overrule the judge’s decision to reinstate the visa.

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Novak Djokovic’s visa reinstated by Australian judge but government may pull it again

Melbourne, Australia — Tennis star Novak Djokovic on Monday won a court battle to stay in Australia to play in  the Australian Open despite being unvaccinated against COVID-19, but the government threatened to cancel his visa a second time.

Federal Circuit Court Judge Anthony Kelly reinstated Djokovic’s visa, which was canceled after his arrival last week because officials decided he didn’t meet the criteria for an exemption to an entry requirement that all non-citizens be fully vaccinated.

The judge also ordered the government to release Djokovic within 30 minutes from the Melbourne quarantine hotel where he spent the last four nights.

He has been freed, the Reuters news agency reports, adding that he was in his lawyers’ chambers during the virtual court session. He didn’t appear on-screen in the first hours of the hearing and didn’t immediately appear in public. 

The ruling renewed the world’s top-ranked tennis player’s chance to win a record 21st Grand Slam title at the upcoming Open. Djokovic is a nine-time Australian Open champion. His 20 Grand Slam singles titles is a men’s record he shares with Roger Federer and Rafael Nadal. 

But government lawyer Christopher Tran told the judge after the decision that the minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alex Hawke, “will consider whether to exercise a personal power of cancellation” of the visa.

Reuters said he’s doing just that. “The Minister is currently considering the matter and the process remains ongoing,” Reuters quotes a Hawke spokesperson as saying. 

That would mean Djokovic could again face deportation and could miss the Open, which starts January 17.

Kelly said the threat of another visa cancellation meant the “stakes have now risen rather than receded.”

Government lawyers confirmed that another visa cancelation would mean Djokovic would be banned from Australia for three years.

The back and forth has gripped the world and caused a furor in Australia, where many initially decried the news that Djokovic, who has been a vocal skeptic of vaccines, had received an exemption to strict rules to compete in Melbourne. Many felt the star was being given special treatment since Australians who aren’t vaccinated face tough travel and quarantine restrictions. Court documents say he is unvaccinated.

But when border police then blocked him on arrival, others cried foul, saying he was being scapegoated by an Australian government facing criticism for its recent handling of the pandemic.

Speaking with television network Prva in Belgrade, Serbia, the tennis star’s brother, Djordje Djokovic, described the judge’s ruling as a “great defeat for Australian authorities.”

But he said the family was still hearing that his brother might be detained, though he gave no details.

“This is definitely politics, all this was politics,” he added.

The office of Home Affairs Minister Karen Andrews confirmed that Novak Djokovic has not been arrested.

It wasn’t clear where he was, though hundreds of fans gathered late Monday outside his lawyers’ office in Melbourne, many carrying Serbian flags and wearing the banner’s red, white and blue colors. They chanted “Free Nole,” using the star’s nickname. Police later dispersed them when they surrounded a car trying to leave the area.

The virtual hearing crashed several times because of an overwhelming number of people from around the world trying to watch the proceedings.

At one point, an expired court link was apparently hacked and broadcast pornography, The New Daily News website reported.

Agence France-Presse described Monday’s visa restoration as “an extraordinary setback for the Australian government, which has imposed strict pandemic requirements on arriving foreign travelers for the past two years.”

Prime Minister Scott Morrison’s conservative government is seeking re-election for a fourth three-year term at polls due by May.

While his government was widely praised for containing the nation’s COVID-19 death toll at the start of the pandemic, Omicron cases have been rapidly surging. He has been criticized for shortages of rapid antigen tests and for refusing to make the tests available to all for free. 

Djokovic had argued he didn’t need proof of vaccination because he had evidence that he’d been infected with the coronavirus last month.

Australian medical authorities have ruled that a temporary exemption for the vaccination rule can be provided to people who’ve been infected with COVID-19 within six months.

Circuit Court Judge Anthony Kelly noted that Djokovic had provided officials at Melbourne’s airport with a medical exemption given to him by Tennis Australia, which is organizing the Open, and two medical panels.

“The point I’m somewhat agitated about is what more could this man have done?” Kelly asked Djokovic’s lawyer, Nick Wood.

Wood agreed with the judge that Djokovic could not have done more.

Transcripts of Djokovic’s interview with Border Force officials and his own affidavit revealed a “repeated appeal to the officers with which he was dealing that to his understanding, uncontradicted, he had done absolutely everything that he understood was required in order for him to enter Australia,” Wood said.

Djokovic’s lawyers submitted 11 grounds for appeal against his visa cancellation. The lawyers described the cancellation as “seriously illogical,” irrational and legally unreasonable.

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Australian judge reinstates tennis star Djokovic’s visa

MELBOURNE, Australia (AP) — An Australian judge has reinstated tennis star Novak Djokovic’s visa, which was canceled after his arrival last week because he is unvaccinated.

Circuit Court Judge Anthony Kelly also ordered the government on Monday to release Djokovic from Melbourne hotel quarantine within 30 minutes of his decision.

Government lawyer Christopher Tran told the judge after the ruling that the minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alex Hawke, “will consider whether to exercise a personal power of cancelation.”

That would mean mean Djokovic could again face deportation and could miss the Australian Open, which starts on Jan. 17.

The Australian government canceled 34-year-old Djokovic’s visa shortly after he arrived in Melbourne late Wednesday to play in the Australian Open because officials decided he didn’t meet the criteria for an exemption to an entry requirement that all non-citizens be fully vaccinated for COVID-19.

Djokovic, who court documents say is unvaccinated, argued he did not need proof of vaccination because he had evidence that he had been infected with the coronavirus last month.

Australian medical authorities have ruled that a temporary exemption for the vaccination rule can be provided to people who have been infected with COVID-19 within six months.

Circuit Court Judge Anthony Kelly noted that Djokovic had provided officials at Melbourne’s airport with a medical exemption given him by Tennis Australia, which is organizing the tournament that starts on Jan. 17, and two medical panels.

“The point I’m somewhat agitated about is what more could this man have done?” Kelly asked Djokovic’s lawyer, Nick Wood.

Wood agreed with the judge that Djokovic could not have done more.

Transcripts of Djokovic’s interview with Border Force officials and his own affidavit revealed a “repeated appeal to the officers with which he was dealing that to his understanding, uncontradicted, he had done absolutely everything that he understood was required in order for him to enter Australia,” Wood said.

Djokovic has been under guard in hotel quarantine in Melbourne since Thursday, when his visa was canceled.

But the judge ordered that the world No. 1-ranked tennis player be released from hotel quarantine during his court hearing. It was not clear where Djokovic relocated to during his hearing. He did not appear on screen in the first hours of the virtual hearing.

Djokovic’s lawyers submitted 11 grounds for appeal against his visa cancellation. The lawyers described the cancellation as “seriously illogical,” irrational and legally unreasonable.

Lawyers for Home Affairs Minister Karen Andres said in their submission that if the judge ruled in Djokovic’s favor, officials might cancel his visa a second time.

They said the vaccination requirement could only be deferred for arriving travelers who have had a COVID-19 infection if their illness was acute.

“There is no suggestion that the applicant (Djokovic) had ‘acute major medical illness’ in December” when he tested positive, the written submission said.

The virtual hearing crashed several times because of an overwhelming number of people from around the world trying to watch the proceedings.

At one point, an expired court link was apparently hacked and broadcast pornography, The New Daily News website reported.

Djokovic is a nine-time Australian Open champion. He has 20 Grand Slam singles titles, a men’s record he shares with Roger Federer and Rafael Nadal.

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McGuirk reported from Canberra. Associated Press journalists John Pye and Dennis Passa in Brisbane and Tom Moldoveanu in Melbourne contributed to this report.

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