Novak Djokovic: Tennis star could sue as taxpayer set to cop $460k bill

Novak Djokovic’s judgment day is nearing - but many questions about the controversial world No.1 remain. We explain every scenario facing the Serbian star inside.

Novak Djokovic has a lot to weigh up, based on the events of the past week. Picture: Getty

Novak Djokovic is within his rights to sue the Australian government for being detained unlawfully, according to a top immigration lawyer.

The world No 1 remains in Australia but is not guaranteed to be playing the Australian Open as the government weighs up the decision to re-detain and deport him.

On Monday, Djokovic won a court hearing to have the decision to cancel his visa quashed.

Judge Kelly found the decision to cancel the visa was “unreasonable” but the situation is far from over.

Novak Djokovic has a lot to weigh up, based on the events of the past week. Picture: Getty

Depending on what the Federal Government opts to do next, plenty of questions remain unanswered.

AHWC Immigration Law principal lawyer Maggie Taaffe speaks about the tennis ace’s chances of defending his 21st grand slam in the Australian Open, the possibility of a three year ban from Australia, and whether Djokovic could even sue the federal government for unlawfully detaining him.

CAN DJOKOVIC PLAY?

Absolutely he can play.

The decision to cancel his visa has been revoked, which means his visa is in place – it’s like nothing happened, he’s got a 408 visa.

But if the Immigration Minister exercises his discretion under section 133C of the Migration Act, his visa is then gone.

He would be back in that same situation of not having anything at all, and would go back to detention.

As it stands ,Novak Djokovic can play at the Australian Open – but there’s still some hurdles to clear. Picture: AFP

IS THERE A CHANCE THE FEDERAL GOVERNMENT WILL STILL DEPORT HIM?

Yes, absolutely.

The Minister (for Immigration Alex Hawke) doesn’t have to give reasons when he exercises his personal discretion.

It’s in the Act – there’s no procedural fairness unless there has been some really out there failure.

WHY WASN’T HE RE-DETAINED ON MONDAY NIGHT AFTER HE WON HIS COURT CASE AGAINST HOME AFFAIRS MINISTER KAREN ANDREWS?

Because he has a visa, he’s a lawful person in Australia now.

He’s perfectly entitled to be in Australia.

Only if the Immigration Minister moved to cancel his visa, then he would be re-detained.

Djokovic’s fate rests in the hands of Immigration Minister Alex Hawke (L, pictured with Prime Minister Scott Morrison). Picture: NCA Newswire

DOES THIS IMPACT HIS FUTURE RETURN TO AUSTRALIA?

No, it doesn’t at the moment.

But it could if the Immigration Minister moves to cancel his visa.

He would then be subject to a three year ban that could only be waived if there were compelling compassionate factors – and they don’t do that very often.

WHAT IS THE LIKELY OUTCOME?

I think the Immigration Minister might not cancel his visa.

There has been incredible public outcry and people suggesting he has been treated badly.

If the Minister is thinking about our international reputation, I think he will move not to cancel his visa.

There’s a possibility that Djokovic could sue over unlawful detainment. Picture: AFP

CAN DJOKOVIC SUE?

This is an interesting question.

It’s possible he could certainly make a claim for compensation for being detained unlawfully because that was what the decision ultimately came to – the decision was procedurally unfair, it was unlawful.

WHAT IF HIS PREPARATION FOR THE AUSTRALIAN OPEN IS IMPACTED BY THE SAGA?

It would not be unreasonable for him to argue that.

I don’t think that’s too long of a bow to draw.

HOW MUCH DID DJOKOVIC’S COURT CASE COST THE TAXPAYER?

I wouldn’t put it past at least around $400k just for Djokovic’s counsel, then government lawyers no less than $50k (the government has counsel deals that reduce the costs).

Then there are the court costs, including daily fees and $3300 to make a migration application.

I think it would be about $10k for court fees.

(That’s a grand tally of about $460k)

IS DJOKOVIC’S CASE RARE?

The way Djokovic was treated is the standard in the way people get their visas cancelled.

They just cancel them willy nilly.

There’s no right of appeal to go to tribunal.

You have to evoke the jurisdiction of the Federal Circuit Court.

Someone who doesn’t have the means like Djokovic will just be deported.

We see a couple of these a year with our clients.

(Border Force) only give them 10 to 20 minutes generally to respond to a Notice of Intention to Consider Cancellation (as they did with Djokovic).