Novak Djokovic will plead his case in entrance of a decide right this moment in a last-ditch try to remain in Melbourne and contest his tenth Australian Open Title.

The tennis champion has been detained in a Melbourne resort used to accommodate refugees since his unsuccessful bid to enter Australia final Wednesday, the place he was denied entry on the idea he was unvaccinated and didn’t have a legitimate exemption. 

Legal professionals for the Minister of Residence Affairs filed their submissions at 10.30pm on Sunday – lower than 12 hours earlier than the case will likely be heard within the Federal Court docket.

The federal government maintains the choice to tear up Djokovic’s visa was right on the idea he did not justify his purported medical exemption, and that his workforce was utilizing outdated vaccination recommendation.

Even when Djokovic is profitable in his visa battle, legal professionals for the federal government say they may cancel his visa once more, leaving him in perpetual limbo only a week earlier than the Open begins.

Their submission claims Djokovic is of a ‘larger well being danger’ of spreading the virus than an vaccinated individual, and that infecting others would ‘burden the well being system’. 

Novak Djokovic (pictured with Tennis Australia boss Craig Tiley in 2021) is set to learn his fate after a whirlwind trip to try and defend his Australian Open title - which would make him the most successful men's player of all time

Novak Djokovic (pictured with Tennis Australia boss Craig Tiley in 2021) is ready to study his destiny after a whirlwind journey to try to defend his Australian Open title – which might make him probably the most profitable males’s participant of all time

Djokovic's supporters have camped outside his Melbourne detention hotel for days (pictured on Sunday), waving Serbian flags and chanting for their idol to be released

Djokovic’s supporters have camped exterior his Melbourne detention resort for days (pictured on Sunday), waving Serbian flags and chanting for his or her idol to be launched

That is regardless of Victoria alone tallying up 44,155 new Covid instances on Sunday, as a number of states in Australia shortly goes from boasting one of many world’s lowest an infection charges to among the many highest.

‘An order for instant launch doesn’t forestall re-detention if there may be energy to detain’, it learn, elevating questions on whether or not any consequence on Monday would see the tennis nice launched in time to play. 

However his excessive powered authorized workforce argue border officers acted unjustly and made important jurisdictional errors in cancelling his non permanent employee visa within the early hours of Thursday. 

They declare the Australian Journey Declaration evaluation, which arrivals on most visas should full earlier than boarding, stated he had met quarantine-free arrival necessities.


What occurred when Djokovic arrived in Australia?

Novak Djokovic touched down in Melbourne about 11.30pm on Wednesday night time, and was swiftly taken in for questioning by border pressure officers.

He spent about six hours talking with officers earlier than a call was made to cancel his visa on the idea that he couldn’t validate his medical exemption to reach in Australia with out a Covid-19 vaccine.

He was swiftly taken to a detention centre within the coronary heart of Melbourne, the place he stays. 

Why is Djokovic in court docket?

Instantly after his visa was cancelled, Djokovic and his workforce indicated they’d battle the choice. 

They appeared earlier than the Federal Circuit and Household Court docket of Australia on Thursday afternoon, the place the matter was postponed till Monday, 10am.

On Monday, Djokovic’s legal professionals will argue to reverse the choice to cancel the visa. The federal government hope to have the choice supported.

If Djokovic loses his enchantment, he’ll probably be deported by Monday night time.

Who’s liable for the bungle?

Court docket paperwork and leaked letters have helped piece collectively the puzzle of how the messy visa scenario occurred.

Since Djokovic was detained, officers have hand balled duty between themselves. 

Djokovic was knowledgeable by Tennis Australia that he was exempt to journey to Australia and play. It is understood his utility was assessed by two our bodies – one assigned by TA and the opposite by the Victorian state authorities.

On Saturday night time, it was revealed through court docket paperwork that Djokovic had additionally obtained correspondence from the Division of Residence Affairs – a federal physique – which indicated he was free to journey to Australia.

However this has been revealed to be an arrivals evaluation kind, and never official affirmation he was granted quarantine-free journey. 

No single social gathering has accepted duty for the debacle, and not less than one different tennis participant has been despatched house after they have been initially permitted with the identical exemption.

Will Djokovic play within the Australian Open?

Djokovic will probably know if he will likely be competing within the Australian Open 2022 by 4pm Monday.

Commentators and authorized specialists are discovering it difficult to foretell an consequence for the case given it’s always growing and has occurred so shortly.

A prayer for Novak Djokovic is led by an Orthodox priest outside the Park Hotel in Melbourne on Sunday (pictured) where he is still being detained

A prayer for Novak Djokovic is led by an Orthodox priest exterior the Park Resort in Melbourne on Sunday (pictured) the place he’s nonetheless being detained

An ATAGI document, which the Federal Government uses to determine if someone is eligible for an exemption, states a previous infection can provide an exemption

An ATAGI doc, which the Federal Authorities makes use of to find out if somebody is eligible for an exemption, states a earlier an infection can present an exemption

Outcomes of the evaluation are processed by a pc in simply 60 seconds, with the federal government saying the doc is not official proof somebody can enter the nation and exists purely to offer travellers an concept of whether or not they’re eligible to enter or not. 

His workforce additionally argues he was not given time to relaxation, having travelled for 25 hours, or communicate to a lawyer throughout hours of questioning at Melbourne Airport, with the star left ‘confused’. 

ATAGI web site pointers which Djokovic and his workforce primarily based their understanding of his ‘medical exemption’ on, state ‘PCR-confirmed SARS-CoV-2 an infection,’ is a legitimate motive for a brief medical exemption.

‘Vaccination will be deferred till 6 months after the an infection,’ the rules state.

In these circumstances, an individual can be thought of exempt from getting the jab if they will show they have been recognized with Covid within the final six months. 

However the authorities argued on Sunday night time this doc is designed to be learn together with a visa utility kind which clearly stipulates that this is not the case.

The response additionally states that regardless, the ATAGI pointers are designed for individuals with ‘acute medical sickness’, whereas Djokovic merely proved he was recognized with Covid, not essentially the way it impacted his well being.  

Novak Djokovic is pictured mingling with children one day after he allegedly received a positive Covid test

Novak Djokovic is pictured mingling with kids sooner or later after he allegedly obtained a constructive Covid check

The same day as the reported coronavirus test he is pictured attending a ceremony in his honour in Belgrade

The identical day because the reported coronavirus check he’s pictured attending a ceremony in his honour in Belgrade 

Court docket paperwork tendered to Choose Anthony Kelly forward of Monday’s showdown state Djokovic produced paperwork of his analysis when he was interrogated by border pressure officers on the night time of Wednesday, January 5.

‘The Delegate made the illogical or irrational discovering that Mr Djokovic had not produced proof of a medical contraindication when, actually, he plainly had supplied ample such proof,’ the paperwork state.

‘Mr Djokovic produced proof of a latest constructive COVID check from the Institute of Public Well being of Serbia. Two different medical practitioners supplied him with an exemption in keeping with ATAGI suggestions… He additionally produced the Exemption Certificates, itself signed by the Chief Medical Officer of Tennis Australia.’

Djokovic’s lawyer Nick Wooden claims the choice to cancel the tennis star’s visa was on account of border controls that are primarily constructed upon recommendation issued by ATAGI.

Supporters have carried flags, placards and even framed photos of the star to show their support ahead of the crunch court battle (pictured outside the star's hotel on Sunday)

Supporters have carried flags, placards and even framed photographs of the star to point out their assist forward of the crunch court docket battle (pictured exterior the star’s resort on Sunday)

Subsequently, he claims, it is basically incorrect to assert Djokovic doesn’t meet the factors given his latest Covid analysis.

‘If the Delegate supposed to choose up ATAGI steering, he radically and basically, in a means that no decision-maker might fairly have performed, misapplied ATAGI’s recommendation,’ he stated.

‘Mr Djokovic’s Exemption Certificates expressly relied on ATAGI steering… Thirty seconds on Google would have produced the Division of Well being webpage that hyperlinks to all related ATAGI steering.’

Whereas disputes of this nature can drag on for months by way of the courts, it is understood the events – notably Djokovic’s camp – need the matter resolved as shortly as doable.

It is probably Monday’s listening to will lead to one among 5 doable outcomes.

Novak Djokovic (with wife Jelena) was allowed little sleep at Melbourne Airport during his ordeal, his lawyers say

Novak Djokovic (with spouse Jelena) was allowed little sleep at Melbourne Airport throughout his ordeal, his legal professionals say

Furious fans have blasted the government for its treatment of the Serbian star (pictured, protesters outside his hotel on Sunday)

Livid followers have blasted the federal government for its therapy of the Serbian star (pictured, protesters exterior his resort on Sunday)

Authorized specialists predict the primary choice is probably the almost certainly – that the choice will likely be despatched again to the Minister who will then having to make a name in accordance with the regulation. 


1. The matter is distributed again to the Minister, who will then decide in accordance with the regulation

2. A transparent win for Djokovic

3. A transparent win for the federal government

4. The matter can’t be instantly resolved however the decide grants an exemption

5. The matter can’t be instantly resolved and no exemption is granted

The second is a transparent win for Djokovic. This can see him launched from the $109-a-night resort the place he is spent 4 nights and free to play within the Australian Open. His visa will likely be reinstated and exemption maintained.

The third doable state of affairs is a transparent win for the federal government. On this case, the decide must uphold the cancellation of Djokovic’s visa and he’ll probably be deported.

This consequence might have potential long run penalties for Djokovic. Most nations require an individual to declare in the event that they’ve ever been deported from a rustic, and there are insurance policies in place in Australia which forestall an individual making use of for one more visa for as much as three years if they have been deported.

The ultimate two choices are extra murky.

Each events might discover themselves at a stalemate and the decide might require extra time to come back to his conclusion. The matter may very well be delayed for days, weeks, and even months.

If this have been the case, Djokovic can be counting on the decide to grant an interim order which might basically enable him to go about his enterprise whereas he deliberated. This feature would depart the Serbian star free to compete.

However that is unlikely, on condition that the decide has indicated his need to get the matter handled fairly swiftly, although he declined to be pressed on time to match Tennis Australia’s schedule. 

Djokovic fans are seen arm in arm as they staged several days of protest outside his detention hotel in Melbourne (pictured on Sunday)

Djokovic followers are seen arm in arm as they staged a number of days of protest exterior his detention resort in Melbourne (pictured on Sunday)

Alternatively, the decide might make no interim ruling whereas he deliberates, successfully giving the Commonwealth the flexibility to as soon as once more present Djokovic his marching orders till the conclusion of the court docket case, at which level the match would have already concluded.

If any of the 5 aforementioned verdicts is reached, Djokovic will know by 4pm whether or not he’ll be defending his title.

Tennis Australia indicated throughout the preliminary listening to they hoped to have a definitive reply by Tuesday for scheduling functions.

If Djokovic is inexperienced lit to play, he would have missed key preparation milestones within the lead as much as his first match.

It is understood he requested to be moved to a facility with tennis courts to coach on and needed meals cooked that suited his dietary necessities. Neither of those requests have been granted.

Dancers performed traditional Serbian routines to show their support for the star, who is trapped in a hotel room (pictured outside on Sunday)

Dancers carried out conventional Serbian routines to point out their assist for the star, who’s trapped in a resort room (pictured exterior on Sunday)

Djokovic (pictured at the Australian Open in 2021) had hoped to fly Down Under to defend his title

Djokovic (pictured on the Australian Open in 2021) had hoped to fly Down Beneath to defend his title

Djokovic’s camp may even argue he was handled unfairly throughout the preliminary interrogation course of.

After 25 hours of journey, together with a protracted haul flight from Dubai, Djokovic pleaded with officers to permit him some relaxation and time to seek the advice of his authorized workforce after they awoke.

He claims one official granted him till 8.30am, however {that a} superior woke him up about 6am – after lower than half-hour’ sleep – asking him to proceed the interview course of.

Mr Wooden claims his consumer was misled into believing this was in his finest pursuits.

‘That was patently spurious and mischievous,’ he stated.

‘It plainly was not, and would by no means have been, higher for Mr Djokovic if a visa cancellation resolution have been made whereas he was unrested and with out consulting together with his representatives.’

Some protesters looked solemn, with others left in tears, as they gathered outside Djokovic's hotel to lend their support (pictured on Sunday)

Some protesters appeared solemn, with others left in tears, as they gathered exterior Djokovic’s resort to lend their assist (pictured on Sunday)

Had Djokovic been given the agreed upon time, his legal professionals argue the visa might by no means have been cancelled in any respect.

His legal professionals would have argued a number of key factors; together with the minuscule or non-existent danger to well being he posed if permitted to enter Australia given his diminished danger of reinfection so quickly after recovering from the virus and the truth that every day Covid instances in NSW and Victoria have been already within the tens of hundreds.

In addition they indicated they’d have relied on his ‘lengthy and unproblematic historical past of visiting Victoria to compete in earlier Australian Open’ and the ‘harm such a call would have on his fame’.

On Saturday, it was revealed Djokovic obtained a doc from the Division of Residence Affairs which instructed him his ‘responses point out he meets the necessities for a quarantine-free arrival into Australia’ – this was the evaluation doc crammed in pre-boarding.

Djokovic (pictured with his wife Jelena) was reportedly denied access to a lawyer on even an hour's sleep during his initial gruelling questioning, despite having travelled for 25 hours

Djokovic (pictured together with his spouse Jelena) was reportedly denied entry to a lawyer on even an hour’s sleep throughout his preliminary gruelling questioning, regardless of having travelled for 25 hours

Supporters are seen waving Serbian flags in support of Novak Djokovic outside the Park Hotel in Melbourne (pictured on Saturday)

Supporters are seen waving Serbian flags in assist of Novak Djokovic exterior the Park Resort in Melbourne (pictured on Saturday)

Hours after the small print of the submissions have been made public, the federal government requested for a two day extension however the utility was refused. 

About 10.30pm on Sunday, they responded by clarifying that nowhere within the correspondence was Djokovic instructed he can be let into Australia.

‘The e-mail from the Division acknowledged that the applicant’s responses to his Australian Traveller Declaration indicated that he met the necessities for ‘quarantine free’ journey into Australia,’ authorities submissions state.

‘It had not represented to the applicant that his so-called ‘medical exemption’ can be accepted.’

A mass prayer session was held by a Serbian priest on Sunday outside Djokovic's hotel (pictured)

A mass prayer session was held by a Serbian priest on Sunday exterior Djokovic’s resort (pictured)

Tennis Australia had, actually, pleaded with the Division of Residence Affairs to assessment the visa functions of a number of gamers weeks earlier than they arrived, however the request was refused.

‘Well being and Residence Affairs are unable to supply or assessment certificates. Certificates are reviewed at verify in,’ an official stated in response to the request.

Craig Tiley, head of Tennis Australia, instructed the Herald Solar he and his workforce have been merely searching for recommendation over how you can proceed.

‘We aren’t migration specialists, we would like somebody who’s to make that evaluation,’ he stated.

‘We’d ask the questions. We have additionally been instructed the medical exemption course of is a state duty, and they’re going to do it in opposition to the federal pointers.’

Djokovic (pictured before his flight Down Under) surprised the world last week when he declared he had been given an exemption to come to Australia to compete in the Open

Djokovic (pictured earlier than his flight Down Beneath) shocked the world final week when he declared he had been given an exemption to come back to Australia to compete within the Open

He stated over the course of making ready for the Australian Open this yr, he’d repeatedly been given contradictory info at state and federal ranges. 

A separate letter obtained from Victorian Chief Well being Officer Brett Sutton reportedly acknowledged: ‘Anybody with a historical past of latest COVID-19 an infection (outlined as inside 6 months) and who can present acceptable proof of this medical historical past, is exempt from quarantine obligations upon arrival in Victoria from abroad.’

It has additionally been alleged that after testing constructive on December 16, the an infection he believed would grant an exemption, he attended occasions the place he was seen giving a panel speak with out a face masks in addition to hugging kids. 

Serbian rules dictate that folks have to self-isolate for 14 days following a constructive analysis.