Novak Djokovic has had a significant win in his drawn out legal battle to remain in Australia after he was hauled away to immigration detention following the second cancelation of his visa.
Lawyers representing the Department of Immigration had lobbied for a single judge but the Federal Court ruled on Saturday the matter is set to go before a full bench in tomorrow’s blockbuster hearing.
The case will be heard by Chief Justice James Allsop, Justice Anthony Besanko and Justice David O’Callaghan, who heard submissions from both legal teams this morning.
The development means if the Australian government lose the case, it will not be able to appeal the ruling – leaving the world No. 1 free to play in Monday’s Australian Open tournament where he is chasing a 10th title.
But fellow tennis stars like Rafael Nadal, Stefanos Tsitsipas and young gun Emma Raducanu, are fed up with the unvaccinated athlete’s antics and have slammed Djokovic for the ongoing saga ahead of the Melbourne Grand Slam.
Djokovic was driven inside the Park Hotel compound at Carlton in Melbourne on Saturday afternoon, where he must remain until his Federal Court appeal is heard on Sunday morning (pictured, Djokovic in the back seat of a car returning to an official detention centre on Saturday)
The Serbian tennis star was spotted being driven inside the Park Hotel compound at Carlton in Melbourne on Saturday afternoon, where he must remain until his Federal Court appeal is heard on Sunday morning.
It is expected the champion player, who has polarised opinions around the world, will spend at least one more night in the notorious detention centre alongside asylum seekers.
On Saturday he spoke with immigration officials at an undisclosed location at 8am. Border authorities later detained the 34-year-old following a court-ordered arrangement.
Djokovic’s lawyers then made their submissions during the online Federal Court hearing presided by Judge David O’Callaghan at his solicitors’ offices at 10.15am.
Media and protesters gathered outside the notorious detention centre hotel where the unvaccinated Serbian tennis star is housed (pictured, a car returning Novak Djokovic returns to the Park Hotel in Melbourne)
Pro-refugee protesters assembled out the Carlton hotel that Djokovic was taken back to on Saturday (pictured, protesters and media outside the Park Hotel in Melbourne)
His crack legal team is expected to have a tougher time overturning the latest visa ban than they did on January 10, when Australian Border Force officials had him detained the first time.
The Serbian superstar remains the focus of world attention and a magnet for fiery debates about health, science, politics and immigration.
Anti-vax supporters and anti-immigration detention protesters assembled at Rod Laver Arena and outside the notorious detention centre where some asylum seekers have been housed for years.
At the tennis stadium 200 anti-vaccine protesters chanted ‘free Novak’ and ‘let him play’ as well as various slogans opposed to vaccines and mask mandates.
Young US Open champion, Emma Raducanu said the scandal had become a distraction
Novak’s big rival Rafael Nadal said no-one is bigger than the Australian Open
Djokovic was seen arriving in the back of a white sedan as he re-entered the detention hotel compound wearing a green tracksuit and white facemask.
As the Australian Open top seed went back into the facility, the rival racing to claim a record 21 Grand Slam titles, Spaniard Rafael Nadal, said the fiasco has been a distraction.
‘Honestly I’m a little bit tired of the situation because I just believe that it’s important to talk about our sport, about tennis,’ Nadal said.
‘There is no one player in history that is more important than an event, no? [It] will be a great Australian Open with or without him.’
Novak Djokovic (pictured with his wife) is gunning for his 21st Grand Slam title, which would see him surpass fellow legends Roger Federer and Rafael Nadal
Tsitsipas, who was beaten by Djokovic in the French Open final last year (pictured), said the Serbian world No 1 was ‘playing by his own rules’
The world No. 4 player in the men’s draw, Greek Stefanos Tsitsipas, blasted Djokovic for making his vaccinated fellow players ‘look like fools.’
‘The stats say 98 per cent of players have been vaccinated and did what they had to do in order to come and perform and play in Australia,’ Tsitsipas told Indian network WIO News.
‘A very small group chose to follow their own way and it kind of makes the majority look like they’re all fools or something.’
Meanwhile brilliant young US Open champion, Emma Raducanu, shared her thoughts on the scandal.
‘I feel it has taken away a little bit from the great tennis that’s been happening over this summer in Australia… like in that way it has been a distraction.’
She believed people were missing the performances of other stars worthy of attention, such as returning Brit Andy Murray.
The key reasons behind Djokovic’s visa cancellation were revealed on Saturday with Minister Alex Hawke saying his presence in Australia may ‘foster anti-vaccination sentiment’.
Mr Hawke announced on Friday he had cancelled the Serbian tennis star’s visa for a second time, citing a long list of reasons including that Djokovic showed an ‘apparent disregard’ to isolate following a positive test result.
The key reasons behind Novak Djokovic ‘s visa cancellation have been revealed with Immigration Minister Alex Hawke saying his presence in Australia may ‘foster anti-vaccination sentiment’
Court documents show the reasons for Mr Hawke’s cancellation of Djokovic’s visa
Djokovic also posed a ‘risk to the good order of the Australian community’, Mr Hawke said, in that his stay in Australia may create ‘public disruption’ to values of the Australian society
Immigration Minister Alex Hawke (pictured) cancelled Djokovic’s visa for a second time. The Serbian star is fighting his deportation
‘I consider that Mr Djokovic’s ongoing presence in Australia may lead to an increase in anti-vaccination sentiment generated in the Australian community, potentially leading to an increase in civil unrest of the kind previously experienced in Australia with rallies and protests which may themselves be a source of community transmission,’ Mr Hawke said as seen in court documents.
The drama around the Novak Djokovic affair is set to be captured in a docuseries that will be a tennis version of Drive To Survive.
Sportsmail understands that a crew is already in Australia filming what has been the most explosive start to a tennis season in recent years, thanks to the fiasco surrounding the world No 1.
The sport’s usually disjointed governing stakeholders have united to support and approve the new project, that will eventually air on Netflix.
NOVAK DJOKOVIC’S AUSTRALIAN OPEN EPIC VISA SAGA
Novak Djokovic’s defence of his Australian Open title remains in doubt after Australian immigration officials cancelled his visa for the second time.
Here’s how the saga has unfolded:
Jan 4: Djokovic tweets that he is on his way to the Australian Open under a medical exemption. He writes on Instagram: ‘I’ve spent fantastic quality time with my loved ones over the break and today I’m heading Down Under with an exemption permission. Let’s go 2022!!’
Jan 5: Australian Prime Minister Scott Morrison warns Djokovic he will be on the ‘next plane home’ if his medical exemption is deemed insufficient, and is adamant Djokovic will not receive preferential treatment.
Jan 5: Djokovic’s visa is cancelled upon his arrival in Melbourne. The Australian Border Force announces that the player ‘failed to provide appropriate evidence to meet the entry requirements for Australia’.
Jan 6: Djokovic is sent to the Park Hotel in Melbourne after being refused a visa. He launches an appeal, which is adjourned until 10am on January 10. Serbian president Aleksandar Vucic says Djokovic is the victim of ‘persecution’.
Jan 9: Djokovic’s lawyers claim he was granted a vaccine exemption to enter Australia because he recorded a positive Covid-19 test in Serbia on December 16. However, social media posts suggest he attended a number of social events in the days following his apparent diagnosis.
Jan 10: Djokovic’s visa cancellation is quashed by Judge Anthony Kelly, who orders the Australian Government to pay legal costs and release Djokovic from detention within half-an-hour. Djokovic says he is ‘pleased and grateful’ and wishes to ‘stay and try to compete’.
Jan 11: Djokovic’s title defence remains in doubt as the Australian Immigration Minister ponders whether to over-ride the court’s ruling, reportedly due to an alleged misleading claim made by Djokovic on his entry form relating to his movements in the 14 days prior to arrival in Australia.
Jan 12: Djokovic admits making an ‘error of judgement’ by attending an interview with a French journalist while Covid positive. He adds that, although he attended a children’s tennis event the day after being tested, he did not receive notification of the positive test until after the event.
Jan 13: Djokovic is drawn to face fellow Serb Miomir Kecmanovic in the first round.
Jan 14: Immigration minister Minister Alex Hawke cancels Djokovic’s visa for a second time, saying in a statement it was ‘on health and good order grounds’.
Reporting by PA