Novak Djokovic will begin his 11th hour bid to stay in Australia and compete in his favourite Grand Slam tournament on Monday morning.
While disputes of this nature can drag on for months through the courts, it’s understood the parties – particularly Djokovic’s camp – want the matter resolved as quickly as possible.
Djokovic had his visa torn up early on Thursday morning just hours after touching down in Australia after border force officials determined he did not adequately justify his medical exemption from the Covid vaccine.
He immediately enlisted a high-powered legal team to fight the decision in the Federal Court and is in a race against time to be granted permission to compete in the Australian Open.
Novak Djokovic (pictured, with partner Jelena) will begin his 11th hour bid to stay in Australia and compete in his favourite Grand Slam tournament on Monday morning
While disputes of this nature can drag on for months through the courts, it’s understood the parties – particularly Djokovic’s camp – want the matter resolved as quickly as possible
Police officers standing outside the Park Hotel in Carlton as Djokovic prepares to head to court on Monday
It’s likely Monday’s hearing will result in one of five possible outcomes.
Legal experts predict the first option is perhaps the most likely – that the decision will be sent back to the Minister who will then having to make a call in accordance with the law.
In this case, the judge will refrain from making a hard-and-fast decision and the matter will again be reviewed by the Minister for Home Affairs.
The second is a clear win for Djokovic. This will see him released from the $109-a-night hotel where he’s spent four nights and free to play in the Australian Open.
In this scenario, his visa will be reinstated and exemption maintained.
The third possible scenario is a clear win for the government. In this case, the judge will have to uphold the cancellation of Djokovic’s visa and he will likely be deported.
This outcome could have potential long term consequences for Djokovic.
Most nations require a person to declare if they’ve ever been deported from a country, and there are policies in place in Australia which prevent a person applying for another visa for up to three years if they’ve been deported.
The final two options are more murky.
Both parties may find themselves at a stalemate and the judge may require more time to come to his conclusion. The matter could be delayed for days, weeks, or even months.
If this were the case, Djokovic would be relying on the judge to grant an interim order which would essentially allow him to go about his business while he deliberated. This option would leave the Serbian star free to compete.
Djokovic had his visa torn up early on Thursday morning just hours after touching down in Australia after border force officials determined he did not adequately justify his medical exemption from the Covid vaccine (pictured, protestors gather outside the Melbourne hotel ahead of Djokovic’s court battle)
Djokovic immediately enlisted a high-powered legal team to fight the decision in the Federal Court and is in a race against time to be granted permission to compete in the Australian Open (pictured, protestors demand refugees be released from the same hotel Djokovic has been staying in)
Police officers and a demonstrator outside of the Melbourne hotel as tensions escalate ahead of Djokovic’s court appearance on Monday
But this is unlikely, given that the judge has indicated his desire to get the matter dealt with reasonably swiftly, though he declined to be pressed on time to match Tennis Australia’s schedule.
Tennis Australia indicated during the initial hearing they hoped to have a definitive answer by Tuesday for scheduling purposes.
Alternatively, the judge could make no interim ruling while he deliberates, effectively giving the Commonwealth the ability to once again show Djokovic his marching orders until the conclusion of the court case, at which point the match would have already concluded.
If any of the five aforementioned verdicts is reached, Djokovic will know by 4pm whether he’ll be defending his 2021 Australian Open title.
If Djokovic is green lit to play, he would have missed key preparation milestones in the lead up to his first match.
A banner is unfurled from the top of the Melbourne hotel as demonstrators rally agains the treatment of refugees
If Djokovic is green lit to play, he would have missed key preparation milestones in the lead up to his first match
Ironically, Djokovic was granted a 403 visa which provides ‘a temporary visa to work in specific circumstances that improve Australia’s international relations’.
The monumental bungle and subsequent handling of his individual case has done the very opposite.
Fellow tennis star Andy Murray says the uncertainty over Djokovic’s situation ahead of the Australian Open is ‘really bad’ for tennis and claims the scenario ‘shocked’ athletes.
Speaking ahead of the Australian Open, Murray told reporters in Melbourne: ‘I think everyone is shocked by it to be honest. I’m going to say two things on it just now.
‘The first thing is that I hope that Novak is OK. I know him well, and I’ve always had a good relationship with him and I hope that he’s OK.
‘It’s really not good for tennis at all, and I don’t think it’s good for anyone involved.’
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