Novak Djokovic could still play the Australian Open as his visa saga drags out

Novak Djokovic may be holed up in a detention hotel but there is a light at the end of the tunnel with one expert explaining why he has a good chance to play the Australian Open.

Novak Djokovic can stay in Australia until at least Monday. Picture: Getty Images

The world No 1 tennis player and 20-time grand slam champion Novak Djokovic is currently holed up in a detention hotel awaiting a deportation hearing, but there’s a “good chance” he will be granted permission to play the Australian Open, according to News Corp lawyer Justin Quill.

On Thursday night it was decided that the 34-year-old’s deportation hearing would be pushed back to Monday, when he will fight against his visa cancellation in the Federal Circuit and Family Court.

Barrister Christopher Tran conceded it was “off the table” to deport Djokovic on Thursday.

He said he was advised to only allow the world No.1 to stay in Australia for as long as needed for an interlocutory application to be heard.

Police keep watch on a Hotel in Carlton where Novak Djokavic is being held

While many believe the decision to deny a visa will be upheld, he could yet contest the Melbourne slam.

“My guess is that there is a pretty good chance he will be playing at the Australian Open,” Quill said.

“I suspect not so much because he is going to win his case, but that he is going to be found that there needs more time, and he will be allowed to stay in the country, compete in the Australian Open.

Djokovic could yet play the Australian Open

“Then the lawyers will argue about this in the weeks and months to follow.

“The imposition on Djokovic not being allowed to compete is arguably greater than the imposition on the Minister for Home Affairs. So, I suspect the court is going to land there and say, ‘I’m going to allow you to stay in the country while we sort this out over the following weeks and months’.”

Asked whether the Djokovic party had a case, Quill added: “Ultimately what the case is about is the decision taken by Border Force, the Minister for Home Affairs decision via Border Force, to deport Djokovic was wrong.

“Now, that’s going to turn on the evidence. Was there enough evidence to justify him being given this exemption or not?

“We have never seen the world’s best tennis player, possibly the world’s greatest ever tennis player, in this situation. So, it is going to be case by case. We don’t know exactly what they are going to be arguing, but we do know they will be saying the decision to deport him was wrong at law.

THIS IS NOT ABOUT A VISA

It seems there has been a widespread misunderstanding about why Djokovic is being held up with Minister Home Affairs Karen Andrews reiterating on Friday morning that this is not a visa issue.

Amid widespread debate as to whether authorities acted correctly, whether the world No 1 should have even been allowed to board a flight and whether other players with exemptions were being reassessed, Andrews moved to clarify some things.

Serbian protesters outside the Park Hotel Melbourne show their support for Djokovic. Picture: Ian Currie

“He hasn’t met the entry requirements,” Andrews told Channel 9. “I know that is there lot of chatter about the visa. The visa on my understanding is not the issue it is the entry requirement.

“The Border Force has been very clear, that he was not able to meet the requirements to provide the evidence he needed for entry.

“Every single person who comes into Australia has to prove that they have been vaccinated or prove that they cannot be vaccinated for medical reasons. That is one of the entry requirements here.”

Andrews said there could yet be more players booted out of Australia.

Twenty-six exemption applications were made with “a handful” granted. It now seems others are under the microscope and could be called out as early as today (Friday).

“The Australian Border Force has been investigating this now,” Andrews said.

“They have been for at least the last 24 hours in my knowledge. I will be briefed further on that potentially today but maybe later.”

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WHAT NEXT FOR NOVAK?

The court was told the earliest that application could be heard was 10am on Monday.

Court documents reveal that Djokovic must be permitted to stay in Australia until 4pm on Monday.

A court order states that before that time, Home Affairs Minister Karen Andrews is herself, or through her agents, “restrained from removing the applicant (Djokovic) from Australia”.

It also notes that lawyers for Ms Andrews and Djokovic have agreed to “take all steps as may reasonably be required” to make sure the final hearing occurs in an “efficient and timely manner”.

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Novak Djokovic can stay in Australia until at least Monday. Picture: Getty Images

The decision to allow Djokovic to stay until Monday came after Judge Anthony Kelly rejected calls by the tennis star’s lawyer to permit him to remain until the court case was over.

Judge Kelly pointed out that the case could be the subject of “cascading appeals”, which could draw it out.

“One needs to press for relief that’s reasonable in the circumstances and not to overreach,” he told Djokovic’s barrister Nick Wood SC.

Judge Kelly pointed out the need to have the matter resolved quickly, stating it was “less than 10 days out from a competition a person — your client — wishes to compete in”.

However, he also noted the court would be concerned if Djokovic was deported before he had his day in court.

“It would be of great concern to the court that a person with a valid cause of action was prevented from seeking trial and determination of it by being deported before that happened,” Judge Kelly told Mr Tran.

He called for Djokovic to make his submissions to the court by 2pm on Saturday.

Minister Andrews was requested to make her submissions by 8pm on Sunday.

The matter will return to the Federal Circuit and Family Court on Monday at 10am.

Novak Djokovic will fight against his visa cancellation in the Federal Circuit and Family Court.. Picture: Getty Images

Earlier, Judge Kelly warned lawyers for Djokovic that the “tail won’t be wagging the dog” as they urged the court to decide his fate before the Australian Open draw.

The tennis ace’s deportation hearing returned to the Federal Circuit and Family Court on Thursday afternoon, where barrister Nick Wood SC said Tennis Australia would need to know by Tuesday whether Djokovic could play.

He said for “scheduling purposes” if Djokovic wasn’t playing, the tennis competition would need to “fill the gap”.

But Judge Anthony Kelly returned serve, replying: “The tail won’t be wagging the dog here.”

“If Tennis Australia decides to do what it wants to do in running its enterprise, it will,” Judge Kelly said.

A decision by Tennis Australia whether or not to scratch a player wasn’t relevant to the court, he said.

SCUFFLES OUTSIDE NOVAK’S HOTEL

Violent scuffles between pro-refugee demonstrators and police have broken out at the immigration detention centre where Djokovic is being held.

Police moved in on the demonstrators who’d gathered outside The Park Hotel in Carlton about 9.30pm on Thursday.

Two women from the pro-refugee crowd spent hours on top of the hotel’s awning, holding a banner reading “Abolish detention centres”.

Using a cherry picker, officers removed the women by force and took them to a police van when a fracas between protesters and police took place.

A protestor is taken away by police. Picture: Ian Currie

A scuffle broke out between the pro-refugee crowd and police at the immigration detention centre where Novak is being held. Officers moved in about 9.30pm to remove two women who’d climbed onto the building’s front awning. @theheraldsunpic.twitter.com/6x7ILD7Ut6

— Miles Proust (@MilesProust) January 6, 2022

Police pushed protesters back as they tried to free the women.

The activists yelled “too many coppers, not enough justice” as the women were dragged away.

It remains unclear if any protesters or police were injured during the altercation.

Earlier in the night, Djokovic supporters had also gathered, protesting against the tennis star’s detainment.

Dozens of animated fans, many clad in Serbian flags, held a candlelight vigil and sang songs in support of the captive tennis player.

The pro-refugee crowd also gathered, using Djokovic’s incarceration as an opportunity to draw attention to their cause.

They are protesting the detention of more than 30 asylum seekers who have spent more than a year confined to the Carlton hotel.