Novak Djokovic allowed to stay in Australia for now as legal case proceeds

A court has ruled that Novak Djokovic can remain in Australia – for now, at least – while he wages his battle against deportation.

Controversial tennis star Novak Djokovic is set to stay in Australia for now, with the government agreeing to postpone the top player’s deportation.

The world No. 1 player did not appear for the online hearing held in the Federal Circuit and Family Court on Thursday, but was represented by top barrister Nick Wood SC.

The Serbian tennis star was due to play at the Australian Open from January 17.

But after hearings were adjourned twice on Thursday afternoon because the necessary documents hadn’t been received , he hearing went ahead this evening.

“The minister does not oppose the granting of an interim injunction that would prevent the applicant from leaving Australia today,” government lawyer Christopher Tran told the court.

“It would not be fair on anyone that a decision be made today...that is off the table,” he said.

The case was adjourned and will resume on Monday and it’s expected Djokovic will remain in immigration detention at the Park Hotel in Carlton.

Serbia's Novak Djokovic is in immigration detention after his visa was abruptly cancelled before he was due to play in the Australian Open. Picture: Paul Crock / AFP

Lawyers for the government and the player are set to file their submissions this weekend.

The move came after lawyers said Tennis Australia wanted the issue resolved by Tuesday, so organisers could find a replacement if Djokovic was booted.

“If I can say with the respect necessary, the tail won’t be wagging the dog here,” Judge Kelly said in response.

The judge also said he was open to having the player give evidence in online court about what happened with Nick Wood, saying one of the grounds would be “unreasonableness or unfairness”.

This came after Judge Anthony Kelly asked about tennis facilities at the immigration hotel where Djokovic is in.

“I don’t think it’s unreasonable for the court to ask…whether the particular hotel at which the applicant is staying…might have available to him tennis practising facilities,” the judge said.

“I don’t expect you to answer that, but it just seems a realistic question to pose.”

Supporters outside the hotel Novak Djokovic is supposedly holed up. Picture: Alex Coppel

The controversial player, who won’t reveal his vaccination status, announced on Tuesday night he would be coming into the country to play at the Australian Open, where players must be vaccinated or have a medical exemption in order to play.

Djokovic was initially granted a medical exemption, but in a shock twist on Thursday morning, he was denied entry into Australia.

Australian Border Force said he failed to provide appropriate evidence to meet the requirements to enter the country.

It’s understood Djokovic is at an immigration hotel in Carlton, where supporters and refugee advocates have gathered.

Asylum seekers have been held at the facility, with lawyers previously arguing it was unfit to house them because of a Covid outbreak.

Djokovic has won the Australian Open nine times and was seeking a 10th title, which would eclipse rivals Roger Federer and Rafael Nadal.

The case will resume next week.