It looks like a fifth set tie-break. The final legal battle between Novak Djokovic and the Australian government should deliver its verdict, Sunday January 16, after the Federal Court called to rule on the expulsion or not of the world number one in tennis, has reserved its decision.
During an interim hearing in Melbourne, the three judges of the Court heard for several hours on Sunday the arguments of the two parties before retiring to deliberate. They must decide whether the 34-year-old Serb should be immediately sent home and banned from Australia for three years, or if instead he can play the tournament and hope to win a 21and record Grand Slam title. In this case, he would face, on Monday in the first round, his compatriot Miomir Kecmanovic (78and world player).
Allowed to leave the detention center where he was placed on Saturday, Djokovic followed online, from the offices of his lawyers, the hearing which could have long-term repercussions for his career.
In his conclusions filed on Saturday before the Court, the Minister of Immigration Alex Hawke had maintained that the presence of Djokovic in the country “is likely to pose a health risk to the Australian community”. According to him, it encourages “anti-vaccination sentiment” and could deter Australians from getting their booster shots, as the Omicron variant continues to spread at high speed.
A visa twice canceled
The presence in Australia of the champion could even “lead to an upsurge in civil unrest”, added the minister who, on Friday, canceled Djokovic’s visa for the second time under his discretion, invoking “sanitary and public order reasons”. Although he described the risk of Djokovic himself infecting Australians as “negligible”, the Minister felt that his “contempt” Passing health rules against Covid is a bad example.
Sunday morning before the Federal Court, the player’s lawyers described the detention of their client and his possible expulsion as“illogical”, “irrational” and “unreasonable”. The government “don’t know what Mr. Djokovic’s opinions are at the moment”, pleaded lawyer Nick Wood, saying that his client has never publicly supported the anti-vaccination movement.
Government lawyer Stephen Lloyd responded that the champion’s failure to be vaccinated nearly two years into the pandemic and his repeated disregard of health rules, including failing to isolate when he knew he was infected, was sufficient evidence of his opinions.
The decision of the three Federal Court judges will be virtually impossible for both the Australian government and Djokovic to challenge.
This is the second time that the Serb has been subject to deportation proceedings. He had been blocked on his arrival in Australia on January 5 and placed in administrative detention for the first time. The player, who contracted Covid-19 in December, had hoped for an exemption to enter the country without being vaccinated, but the authorities did not accept this explanation.
A “mistreated” hero
The Australian government suffered a humiliating setback on January 10 when a judge blocked Djokovic’s deportation, reinstated his visa and ordered his immediate release. The immigration minister, however, canceled his visa for the second time on Friday under his discretionary powers, and Djokovic returned Saturday morning to the Park Hotel, the now world-famous austere detention center for illegal aliens.
In a statement on Wednesday, Djokovic admitted to incorrectly filling out his entry declaration to Australia. The player with 86 ATP titles, seen in Serbia and Spain in the two weeks before his arrival, contrary to what he stated in the immigration form upon arrival, pleaded “human error”.
This twisty soap opera takes place in a country whose people have endured some of the toughest anti-Covid restrictions in the world for nearly two years, and where elections are scheduled for May. Pressure has intensified around Conservative Prime Minister Scott Morrison, accused of“incompetence” by the Labor opposition.
The Djokovic affair is also followed assiduously in Serbia where “Nole” is considered a national hero. On Friday, President Aleksandar Vucic accused Australia of “mistreat”.