Novak Djokovic included in delayed Australian Open draw as uncertainty continues
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Novak Djokovic’s Australian Open hopes are hanging by a thread after the decision was made to cancel his visa. The world No 1 now faces being deported unless he can win an appeal in court.
The Serb’s lawyers are expected to file an immediate injunction and hope that a decision can be finalised in court on Sunday, just one day before the tournament is due to begin.
Immigration Minister Alex Hawke spent days considering Djokovic’s case before releasing a statement on Friday confirming that he was using his personal power to cancel the tennis star’s visa for a second time.
Djokovic initially had a decision to revoke his visa overturned by judge Anthony Kelly but now faces round two in court.
Express Sport are on hand to keep you up to date with every twist and turn in this incredible saga Down Under.
Novak Djokovic faces being kicked out of Australian Open as tennis star has visa cancelled
What next for Djokovic?
Should Novak Djokovic be allowed to stay in Australia and compete the first Slam of the season?
And even if he is allowed to play the tournament, will he be able to defend his crown after such a turbulent build-up?
Have your say on the saga in our brand new tennis survey, which can be accessed by CLICKING HERE
Djokovic situation still no clearer
Novak Djokovic’s Australian Open fate is still not clear. The world No 1 has had his visa revoked for a second time but has launched an appeal.
The tennis star will be interviewed by immigration officials in a few hours’ time before being detained ahead of a final hearing on Sunday.
Until a final decision has been reached, Djokovic will not be deported from Australia.
Djokovic agreement in place
Djokovic’s lawyers and the Minister for Immigration Stephen Lloyd have reached an agreement on a location for Djokovic to be interviewed/ detained tomorrow.
Judge Anthony Kelly has agreed to add words to his order regarding this agreement.
The hearing has now finished.
Djokovic lawyer’s request
Djokovic’s lawyer Nicholas Wood has requested the world No 1 be taken into detention in a location other than the immigration office due to security concerns after it was broadcast during the proceedings.
Judge Anthony Kelly responded angrily to Wood’s request and said he should have raised his concerns sooner.
The Minister for Immigration Stephen Lloyd, SC, meanwhile, has proposed detention arrangements could be made privately between the two parties.
The court orders
The court orders in short are that:
– Djokovic serve as soon as is reasonably practical an appeal application
– The minister will not take any step to remove Djokovic from Australia
– The case will be transferred to the Federal court
– Djokovic will attend an interview at 8am tomorrow morning with immigration officials. He will also be supervised by Border Force at his lawyer’s offices between 10am and 2pm before being brought into actual immigration detention for the evening.
Hearing temporarily adjourned again
The hearing has been temporarily adjourned again due to a dispute between the two legal teams over the location of where Djokovic will be detained.
Nicholas Wood expressed concerns of a ‘media circus’ with Djokovic set to be detained at his offices tomorrow afternoon.
Djokovic’s case heading to Federal court
Judge Anthony Kelly has ordered the case to be transferred to the Federal court.
That is a blow for Djokovic and his legal team, who were hoping the case could be decided in the Federal Circuit to avoid losing any valuable time.
Judge Anthony Kelly is reading a lengthy statement at present on how to proceed from here. Updates to follow.
The hearing is back underway
We will continue to bring you live updates from the courtroom.
More from Andy Murray
NEIL MCLEMAN IN MELBOURNE: Andy Murray claimed Novak Djokovic had to accept the “consequences” of refusing to get vaccinated after the world No.1’s Australian visa was cancelled for a second time today.
The Scot said there were no winners with the nine-time champion set to be banned from defending his title unless he succeeds with a second court action.
READ MURRAY’S QUOTES IN FULL HERE
The court has been adjourned with Djokovic’s fate still unclear.
Djokovic to be detained tomorrow
Stephen Lloyd, SC, has proposed Djokovic be detained tomorrow morning before his 8am immigration interview, be escorted to his lawyer’s offices by Border Force officials and then brought back into actual immigration detention at midday.
That means Djokovic could be spending tomorrow night at the Park Hotel, where he spent five days earlier this month in detention, before his potential hearing on Sunday.
Djokovic won’t be deported until a final decision
Stephen Lloyd, SC, has said the minister is prepared to give an undertaking that he will not seek to have Djokovic deported until a final decision is made.
Lloyd also said they would agree to Wood’s proposal to make submissions by 10pm tomorrow (local time) with a view to a final hearing on Sunday.
Hawke slammed for ‘irrational’ decision
Nicholas Wood has hit out at Immigration minister Alex Hawke again by claiming he has made an ‘irrational’ decision.
He said: “The minister found that Djokovic is of good standing and has a medical reason not to be vaccinated.
“The minister found or assumed that Mr Djokovic complied with the law and poses a negligible risk to others.
“The minister only considers the potential for exciting anti-vaxxers. There are only two binaries, and the minister decided to cancel Mr Djokovic’s visa.” Wood then described Hawke’s conclusion when considering the above points as ‘irrational’ and a ‘jurisdictional error’ and claimed the tennis star’s past statements are being held against him.
Djokovic’s lawyer goes on the offensive
Nicholas Wood has blamed the government for giving the decision “shortly after 6pm on a Friday” and cited media reporting that the immigration minister, Alex Hawke, was “burdened” by lengthy submissions from Djokovic.
Djokovic won’t be detained tonight
Nicholas Wood SC, on behalf of Novak Djokovic, has confirmed the tennis star will not be detained tonight by Immigration.
Wood said: “It is not proposed to re-detain my client tonight”.
Djokovic’s lawyers ‘concerned’
Novak Djokovic’s lawyers have admitted they are ‘concerned’ about the case being transferred to the Federal Court because it could ‘chew up time’.
Djokovic’s laywers will file an appeal
Novak Djokovic’s lawyers have confirmed they intend to lodge an official written appeal by 11.15am UK time today.
Case could move to another court
Judge Anthony Kelly has said the case may have to be transferred from the Federal Circuit Court to the Federal Court.
Judge Kelly disucssing the history of the case
Judge Kelly is currently going through the history of the proceedings.
Hearing has begun
We will continue to bring updates from the Federal Circuit Court.
Proceedings set to begin in a short few minutes
Stay right here as we will be blogging the whole case and bringing you live updates from the courtroom.
Djokovic hearing to begin at 9.45am
The federal circuit court has just released a statement confirming Novak Djokovic’s hearing will begin at 9.45 am this morning.
Judge Anthony Kelly, who oversaw the court proceedings the first time and overturned the decision to cancel Djokovic’s visa, will be hearing the case.
Andy Murray sends message to Djokovic after visa decision
Andy Murray has spoken on Novak Djokovic’s visa saga.
Djokovic had his visa revoked this morning, meaning he faces deportation and a ban from this month’s Australian Open.
Murray, who insisted the fiasco has been a ‘bad look’ for tennis, reiterated his point once again on Friday as he sent a comforting message to Djokovic.
Speaking on Friday, he said: “I am not going to sit here and start kicking Novak while he is down. I said it the other day, it is not a good situation for anyone.”
Djokovic given Australian Open lifeline
Novak Djokovic has been given an Australian Open lifeline after it was suggested his lawyers could seek to get him a bridging visa which would allow him to compete in the tournament.
Former deputy secretary of the Department of Immigration Abul Rizvi admitted he was surprised by the decision to cancel Djokovic’s visa but believes his lawyers could apply for a ‘bridging visa’, which he claims ‘would’ be considered by a judge.
He told ABC News: “What that means now is that Mr Djokovic must mandatorily be taken into detention – I assume he will go back to the same detention hotel that he was at previously,” he said.
“I assume his lawyers will now seek judicial review of that decision, and the court will need to consider whatever application Mr Djokovic’s lawyers make.
“I assume the application will be for Mr Djokovic to be released in some way, probably directing the minister to release Mr Djokovic on a bridging visa to enable him to play in the Australian Open. The judge would consider that and make a decision.”
Shane Warne weighs in on Djokovic saga
Australian cricket legend Shane Warne has weighed in on the Novak Djokovic saga after it was announced on Friday that the tennis star’s visa was being revoked for a second time.
Warne took to Twitter after the news broke to give his take on the situation.
Australia PM backs Djokovic decision
I note the Minister for Immigration’s decision in relation to Mr Novak Djokovic’s visa.
I understand that following careful consideration, action has been taken by the Minister to cancel Mr Djokovic’s visa held on health and good order grounds, on the basis that it was in the public interest to do so.
Australian prime minister Scott Morrison has backed the decision to cancel Novak Djokovic’s visa.
In a public statement, Morrison said: “This pandemic has been incredibly difficult for every Australian but we have stuck together and saved lives and livelihoods.
“Together we have achieved one of the lowest death rates, strongest economies and highest vaccination rates, in the world.
“Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected.
“This is what the Minister is doing in taking this action today.
“Our strong border protection policies have kept Australians safe, prior to COVID and now during the pandemic.
“Due to the expected ongoing legal proceedings, I will be not be providing any further comment.”
Djokovic set for immigration interview
Novak Djokovic has been asked to attend for an interview with immigration officials tomorrow.
It is unclear where the tennis star will be staying tonight but there is a chance he could be moved back into a detention hotel later today.
Djokovic could be kicked out in ‘hours’
Novak Djokovic could be sent home from Australia in a matter of hours.
His legal team are currently working on an appeal but have a small window to lodge it.
Australian journalist Shane McInnes told the BBC: “If they don’t put in an application for an appeal Novak Djokovic could be out of Australian in the next three to four hours.
“Most of the flights to Europe via the Middle East leave late at night out of Melbourne. He would be on one of those if he does not decide to appeal tonight.
“That’s the decision Djokovic has to make; does he go home or fight for the narritive no-one will every forgot.”
Djokovic set to return to detention hotel
Novak Djokovic is set to return to a detention hotel tonight after Immigration Minister Alex Hawke decided to cancel his visa.
Djokovic spent five days staying in the Park Hotel in Melbourne alongside refugees but it is unclear if federal authorities will move him back to the same hotel or elsewhere.
What happens next?
Djokovic is expected to appeal the decision, with his lawyers currently said to be considering his legal options.
The Age claims his lawyers want a streamlined trial with condensed time for written submissions and verbal evidence and hope it could be finished by Sunday before the tournament starts.
The case may now return to Federal Circuit Court Judge Anthony Kelly (who overturned the cancellation the first time) but he may refer it to the Federal Court. A justice was reportedly already on standby to hear the case in the eventuality that Hawke decided to cancel Djokovic’s visa.
Djokovic’s visa has been cancelled
Novak Djokovic faces the likelihood of not being permitted to defend his Australian Open crown after having his visa cancelled for a second time. The decision is set to bring an end to months of uncertainty over the Serb’s participation in the season-opening Grand Slam in Melbourne, where he is a nine-time champion.
However, Djokovic’s legal team are preparing to file an immediate injunction against the decision.
Immigration Minister Alex Hawke spent several days weighing up whether or not to revoke Djokovic’s visa and decided to use his personal power to overrule the court on Friday.
READ HAWKE’S STATEMENT HERE
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