The courtroom hearing Novak Djokovic’s case in Melbourne has ruled that the player must be removed from the Park Hotel in Carlton during the trial, despite Judge Anthony Kelly’s unhappiness with the rejection of Djokovic’s medical exemption.
Before the Australian Open, the Federal Circuit Court of Australia is considering Djokovic’s appeal against an immigration ruling that denied him a visa. During the hearing, Djokovic will be removed from the Park Hotel & transferred to “a place as indicated by the applicant’s attorneys,” according to a court order published in the newspaper.
The court order reads:
“The respondent, by her servants or agents, including the Australian Border Force, takes all steps and do all things as may be necessary to bring the applicant to premises as specified by the applicant’s solicitors on Monday, 10 January 2022 (and each day thereafter, including upon the delivery of judgment), to permit him to remain there until the conclusion of each hearing and to secure his safe return to detention upon the conclusion of each hearing.”
Even though there were technical difficulties with the video link, Djokovic’s attorneys began presenting their case in front of Judge Kelly, who questioned the court “What else could this guy have done?” and remarked that the problem had him feeling “agitated.”
As Judge Kelly stated: “Here, an academic and a reputed doctor have developed and furnished the petitioner with a medical exemption.” “Furthermore, that medical exclusion and the rationale on which it was granted were separately issued by a second independent expert specialized panel constituted by the Victorian state legislature and that paperwork was in the knowledge of the delegate,” the report reads.
Nicholas Wood, Djokovic’s lawyer, argues that the warning of the intention to terminate the visa was flawed since it was based on “a confusing combination of two reasons.” That Djokovic was not given access to legal counsel at the terminal was also an issue, he said.
Djokovic’s attorneys stated in court filings that he was diagnosed with Covid-19 around December of 2021. Djokovic’s medical exclusion was based on the infection, according to the paperwork.
Djokovic voiced “surprise,” “confusion,” and “shock” when he learned that his visa had been revoked “given that (as he perceived it) he had completed all he was needed to enter Australia,” according to court records. Despite this, Australia’s Home Affairs Department submitted court filings stating that “that there’s no such thing as a guarantee of admission by a non-citizen into the country” and noting that if the court decides in Djokovic’s favor, the Ministry can reject Djokovic’s visa again.
“As the Court raised with the parties at a previous mention, if this Court were to make orders in the applicant’s favor, it would then be for the respondent to administer the Act in accordance with the law. That may involve the delegate deciding whether to make another cancellation decision, but there are also other powers in the Act, as the Court would be aware.”
As a result of border officials rejecting his visa upon arrival, the tennis player was forced to stay in a quarantined hotel in Melbourne. His plans for the Australian Open took a dramatic turn after he was given a medical waiver, and he is now awaiting the decision of an appeal trial to determine if he can stay in Australia or not.