MELBOURNE: Novak Djokovic left a hotel for asylum seekers on Sunday (Jan 16) morning headed for a federal court hearing that will decide once and for all whether he can stay in Australia and defend his Open title.
Djokovic was driven out of the hotel, accompanied by Australian immigration officers at about 8.30am local time (5.30am, Singapore time).
After a rollercoaster 10 days in the country that saw the Serbian champion detained by immigration authorities, released and then detained again, his fate was in the hands of three judges presiding over the hearing scheduled to begin at 9.30am.
The build-up to the Open tennis tournament, set to start on Monday, has been eclipsed by the drama over the unvaccinated star’s bid to play. Spanish great Rafael Nadal, tied with Djokovic for 20 Grand Slam titles, was one of several top players in town who said they just wanted the circus to be over.
Djokovic spent Saturday night at Melbourne’s Park Hotel, returning to the same immigration detention hotel where he was held for four nights last week.
A judge freed him on Monday after finding the decision to cancel his visa on arrival had been unreasonable. Djokovic has declined to be vaccinated against coronavirus and had sought to enter the country with a medical exemption from rules mandating all visitors to be vaccinated.
Djokovic is appealing Immigration Minister Alex Hawke’s use of discretionary powers to cancel his visa again on the grounds that he was a threat to public order.
The virtual hearing on Sunday is expected to pit lawyers for Djokovic and the government against each other in an argument over the number one tennis player’s role in fanning anti-vaccine sentiment.
“TIRED OF THE SITUATION”
Court documents released after an initial court hearing on Saturday showed Hawke had justified his decision on the grounds that Djokovic’s presence could whip up more anti-vaccination sentiment in Australia at a time that the country is in the midst of its worst outbreak of the virus.
“Although I … accept that Mr Djokovic poses a negligible individual risk of transmitting COVID-19 to other persons, I nonetheless consider that his presence may be a risk to the health of the Australian community,” Hawke said in a letter to Djokovic and his legal team.
Djokovic’s lawyers said they would argue that deportation would only further fan anti-vaccine sentiment and would be as much a threat to disorder and public health as letting him stay.
Djokovic’s medical exemption from vaccine requirements to play in the Open prompted widespread anger in Australia, which has undergone some of the world’s toughest COVID-19 lockdowns and where more than 90 per cent of adults are vaccinated, but where hospitalisation rates continue to hit record highs.
The controversy over the tennis player has become a political touchstone for Prime Minister Scott Morrison as he prepares for an election due by May.
His government has won support at home for its tough stance on border security during the pandemic, but it has faced criticism for its handling of Djokovic’s visa application.
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