Novak Djokovic granted last night of freedom as visa saga continues

Novak Djokovic will be allowed one more night of freedom before he is detained again by border officials after his visa was cancelled for a second time.

Novak Djokovic practises in Melbourne on Friday. Picture: AFP

World No. 1 men’s tennis player Novak Djokovic will be allowed one more night of freedom before he is detained again by border officials after the Immigration Minister cancelled his for a second time.

The federal government agreed not to detain the nine-time Australian Open winner before he must present at a location agreed upon by both parties for an interview with immigration officials. The location was not disclosed during the hearing due to security concerns and fears of a “media circus”.

Before a hastily called session of the Federal Circuit Court that finished at 11.12pm, Stephen Lloyd said the commonwealth would also not deport Djokovic until his legal challenge was finished.

Judge Anthony Kelly agreed to transfer the challenge to the Federal Court to review the decision of Immigration Minister Alex Hawke.

Nick Wood SC, representing Djokovic, said the reason behind the cancellation was because the minister was concerned Djokovic’s presence in Australia had “the potential for exciting anti-vax sentiment”.

“That seems patently irrational,” he said.

Mr Wood said the minister in his reasons accepted Djokovic filled in his visa and declaration correctly, that he had immunity to Covid-19 due to a recent infection and that he posed no risk to public health.

He said Mr Hawke’s evidence were two news articles published before Djokovic landed in Australia.

Djokovic will be allowed to attend his lawyer’s office but will be accompanied by two Australian Border Force officials and will effectively be in immigration detention.

Judge Kelly quashed the first decision to cancel Djokovic’s visa on Monday after finding border force officials had treated the tennis champion unfairly by not letting him call his lawyers.

Both parties are to file submissions on Saturday and the matter will return to court on Sunday.

At one point more than 56,000 watched the late-night court hearing online, which lasted about two and a half hours.