The World’s number one tennis player has just won his visa appeal in the Federal Circuit Court of Australia after the government refused to give him the required visa ahead of the Australian Open.
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Although the Australian government tried to push the hearing by 48 hours, the court order by Judge Anthony Kelly said that the visa had been refused without prejudice. The hearing was scheduled for Monday at 10 a.m. and here’s what happened after the lengthy hearing.
“Novak Djokovic has been released from immigration detention in Australia, with federal judge Anthony Kelly re-instating the tennis player’s visa,” The Epoch Times reported.
“Judge Kelly ordered that Djokovic’s passport and all other personal effects be returned to him, with the order pronounced in open court at 5.16 p.m.
The attorney representing the federal government, Anthony Tran, said the government would comply with the orders, but Immigration Minister Alex Hawke is still considering using his discretionary power to cancel Djokovic’s visa.
Kelly said if the government exercises its power to cancel the visa, Djokovic will not be permitted to return to Australia in three years, but it could be appealed.
He demanded that if the government decided to enact the powers, the court was entitled to be informed.
At the hearing, Kelly deemed the decision to cancel Djokovic’s visa “unreasonable” after the player had been told, at 5.20 a.m. on Jan. 6, that he could have until 8.30 a.m. to respond to officials.”
The minister for Home Affairs, Karen Andrews, has filed a submission against the appeal on Jan. 9, expressing that Djokovic can still be detained despite court orders.
“An order for immediate release does not prevent re-detention if there is the power to detain,” the submission read. The tennis player is now set to be released from immigration detainment.
This issue went viral across the globe.
Prime Minister Scott Morrison has publicly stated that he would not comment on the matter.
“That’s purely a matter before the courts at the moment,” he said at a press conference in Canberra during the federal hearing.
However, he also referred to Greg Hunt’s letter addressed to Craig Tiley dated on Nov. 29, saying the federal government’s advice to Tennis Australia has been very clear.
“But in relation to the government, our government, the federal government’s advice to Tennis Australia, that was set out very clearly in November.”