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Matthew Weaver (now), Josh Taylor and Niall McVeigh

Novak Djokovic’s mother claims tennis star subjected to ‘torture’ after he wins visa court battle – as it happened

Novak Djokovic's uncle Goran (left), mother Diana, father Srdjan, and brother Djordje pose for photographers after a press conference in Belgrade, Serbia.
Novak Djokovic's uncle Goran (left), mother Diana, father Srdjan, and brother Djordje pose for photographers after a press conference in Belgrade, Serbia. Photograph: Andrej Cukic/EPA

That’s it for the blog for now. They’ll be more on the Guardian’s Djokovic page.

Here’s a video clip from the Djokovic family press conference:

The president of the Serb parliament, Ivica Dacic, said he expected Australia’s immigration minister, Alex Hawke, to revoke Djokovic’s visa on Tuesday, Milivoje Pantovic reports.

“Obviously the Australian authorities will decide to deport Djokovic, who will then not be able to enter Australia for the next three years,” said Dacic, a former Serbian prime minister whose Socialist Party is part of the ruling coalition.

Dacic said the incident would leave “a lasting mark on relations between Serbia and Australia. “Every state has the discretionary right to refuse or allow entry to any person, but it never happens to prominent people such as Djokovic,” he said.

“That is something you rarely see. In general, [Australia’s] behaviour has been shameful and disgraceful.”

Djokovic continues to polarise opinion. He has become the poster-boy for those opposed to Covid restrictions, like Nigel Farage and the right-wing actor Laurence Fox founder of the Reclaim party.

Others question whether he should be allowed to compete and want to see him held to account for appearing in public without a mask after getting a positive Covid test.

Djokovic’s participation in the tournament rests with immigration minister, Alex Hawke, who in 2020 threatened to deport backpackers who breach Covid rules.

Hawke is expected to make a decision on Tuesday.

Earlier his office issued this statement:

Following today’s Federal Circuit ... determination on a procedural ground, it remains within immigration minister Hawke’s discretion to consider cancelling Mr Djokovic’s visa under his personal power of cancellation within section 133C(3) of the Migration Act. The minister is currently considering the matter and the process remains ongoing.

Novak Djokovic's mother claims he was subjected to 'torture'

One of the things I missed in the press conference is that Djokovic’s mother alleged that he has been subjected to torture.

According a BBC translation of the press conference from Belgrade, she said:

He was subjected to torture, to harassment and we will hear even more about what he had to go through. And of course, he fought against that system and against the government because he thought he had the right to be there with a with a visa that he got.

She gave no more details.

Updated

Summary

Here’s a roundup of the aftermath of court a decision to allow Djokovic to stay in Australia to compete in the Australian Open.

  • Djokovic’s thanked his supporters for standing by him after his successful appeal against the cancellation of his visa by the Australian authorities. “I’m pleased and grateful that the judge overturned my visa cancellation. Despite all that has happened, I want to stay and try to compete @AustralianOpen,” Djokovic tweeted.
  • Djokovic’s family hailed the verdict as victory for the freedom to chose. His father, Srdan, said it was “Huge win for Novak, his family and the free world.”
  • His mother, Dijana, said: “This is his biggest win in his career, it is bigger than any Grand Slam.” She also criticised the treatment of her son in a “so-called hotel” in Melbourne.
  • The family also thanked the judge in the case, Anthony Kelly, and praised his neutrality. They also thanked Serbia president and prime minster for supporting Djokovic.
  • The family refused to answer questions about why Djokovic was photographed in public last month without a mask after testing positive Covid. When a question on the issue was raised the drew the press conference to an abrupt end.
  • The Australian government’s counsel has warned the immigration minister could still decide to use a personal power to cancel Djokovic’s visa anew. Alex Hawke, one of the closest political allies of prime minister Scott Morrison, has a momentous political decision to make: let Djokovic stay and play for a record 21st grand slam singles title; or deport him, which comes with a hefty three-year ban from re-entering Australia.
  • Police in Melbourne used pepper spray against a rowdy crowd of Djokovic’s supporters after one man jumped on a car outside the offices of the lawyers representing the tennis star. At least one man was arrested.
  • Boris Johnson responded to a question about Djokovic by urging people to get vaccinated. He said: “I think it’s important for the Australian authorities to make their own dispositions. All I would say about about Novak Djokovic, against whom I’ve play tennis by the way – he’s pretty good, is I believe in vaccination.”

When the family is asked questions about what Djokovic was doing the day after he tested positive for Covid, they stopped the press conference.

Djordje said: “This press conference is adjourned thank you for attention.”

Djokovic was pictured in public last month without a mask after testing positive.

Updated

The Djokovic family have been answering questions in English.

His brother, Djordje said:

We’re grateful for the justice system. We love Australia. I admire Judge Kelly and the way led the whole court process because I think it was very detailed. It was very thorough and it was very neutral.

Novak has been called many names. He is only fighting for the liberty of choice.

He confirmed that Novak won’t be answering questions as his father suggested earlier.

Djokovic: "I'm pleased and grateful"

Djokovic himself has not taken part so far in the press conference as promised. But he has been tweeting:

Updated

Novak’s father Srdan says:

Over the past few days, it’s been very, very difficult for everyone in the world who is free thinking. But he is mentally extremely, extremely strong.

They took away all his rights his rights, as a human being. He refused to revoke his visa.

They gave him no right to prepare his defence for several hours, and they took away his phone. Fortunately they gave him back his phone. He contacted his legal team who mounted a fantastic defence, that they could not match.

This is a huge win for Novak, his family and the free world. He respected everything that was asked of him. He only wanted to go there to play tennis and that right he wanted to take away from them.

Justice and the rule of law have prevailed. The judge who presided over the case has shown that not for second was Novak the guilty party.

The judge was fantastic, he simply respected the facts. He took the only decision that was possible which was to release Novak.

Uncle Goran, says:

I’d like to thank our President and our prime minister for their efforts to persuade Australian authorities to have better treatment of Novack to treat him better.

Novak’s mum Dijana, says:

We’re here to celebrate the victory of our son Novak. He always fought for justice. He’s done nothing wrong.”

He went there to win that tournament. This situation has been extremely difficult. There has been a spectrum of emotions: sadness, fear, disappointment.

There were moments when he didn’t have his mobile with him. we had no idea what was happening.

I want to thank everyone in the world who who stood up and supported him in Melbourne in front of that, so-called hotel.

This is his biggest win in his career, it is bigger than any Grand Slam.

Djordje adds: “Our family are very pleased that justice and truth, have prevailed.”

Novak’s brother, Djordje, opens the family press conference.

He says: “We need to send love to Nole, and to help him to overcome this very difficult situation as a winner at the end.”

He adds: “We want to thank the justice system of Australia we would like to thank what Judge Kerry wrote in this case. He did it neutrally paying attention to detail.”

Updated

Here’s a transcript of Djokovic’s interview with the Australian Border Force released by the Federal Circuit Court in Melbourne.

LibDem Treasury spokeswoman, Christine Jardine, has written an opinion piece in the Scotsman on the Djokovic row.

Kishor Napier-Raman, a politics reporter for Crikey, points out that Djokovic’s lawyers take a tough line on vaccinations for entry into its offices.

Boris Johnson: 'I believe in vaccination'

Boris Johnson has responded to a question about Djokovic by urging people to get vaccinated.

Asked if Djokovic should be allowed to compete at Wimbledon if he has not been vaccinated, the prime minister said:

I think it’s important for the Australian authorities to make their own dispositions. All I would say about about Novak Djokovic, against whom I’ve play tennis by the way – he’s pretty good, is I believe in vaccination. And I think it’s a wonderful thing to do.

Here’s a picture of Johnson playing tennis with Djokovic during the London Olympics in 2008.

The then Mayor of London, Boris Johnson, plays tennis with Serbian tennis ace Novak Djokavic and some children in a publicity event in 2008
The then Mayor of London, Boris Johnson, plays tennis with Serbian tennis ace Novak Djokavic and some children in a publicity event in 2008 Photograph: Martin Godwin/The Guardian

Updated

Here’s more footage Djokovic supporters surrounding a car leaving his lawyers’ office. It is unclear if Djokovic was in the car.

Craig Kelly, leader of the rightwing United Australia Party who has been criticised for spreading falsehoods over Covid, has called for Djokovic to be allowed to stay.

The BBC’s tennis correspondent, Russell Fuller, has this on the timing of Djokovic’s positive PCR test:

The Conservative MP, Andrew Bridgen, another UK supporter of Australia’s points-based immigration system, has this:

The former UK politician Nigel Farage, who is in Belgrade with the Djokovic family, tweeted his satisfaction after judge Anthony Kelly quashed the Australian government’s decision to cancel the player’s visa, describing it as “a huge win for @DjokerNole this morning”.

The former Ukip and Brexit Party leader has also told GB News that if - as may yet happen - immigration minister Alex Hawke intervenes and withdraws Djokovic’s visa after all, there would be little difference between Australia and a banana republic.

“The family can’t believe what’s going on,” Farage said. “I mean, is Australia a country that is based on the rule of law, or is it a country where government’s can exercise arbitrary power? I mean frankly, if that judgement this morning is overruled, then what is the difference between Australia and a banana republic?”

Under Australian immigration rules, the minister can use separate powers to cancel the world number 1’s visa if he is sure that grounds exists to do so; that the visa-holder “does not satisfy the minister that the ground does not exist”; and that it would be in the public interest to cancel the visa.

This may seem draconian.

Both before and after the Brexit referndum, however, as many are pointing out on social media, Farage has consistently praised Australia’s strict immigration system, arguing that a capacity to introduce something similar was one of the main advantages for the UK of leaving the EU:

Briatin’s former world tennis Number 1, Andy Murray, also saw the irony, retweeting Farage’s Belgrade video with Dokovic’s family and asking him to “please record the awkward moment when you tell them you’ve spent most of your career campaigning to have people from Eastern Europe deported.”

Updated

Jubilant Serbian Australians have taken their celebrations away from the detention hotel their beloved Novak Djokovic had been held in for days, leaving behind deflated refugees and their supporters on Monday.

Since December 2020 refugee advocates have stood outside the former hotel every day, trying desperately to bring awareness to the plight of the 30-plus men stuck indefinitely inside.

When the world’s No 1 male tennis player unexpectedly joined refugees and asylum seekers inside, it brought a new group of protesters and an international media spotlight.

Read the full story here:

Djokovic to give press conference alongside family

Novak Djokovic will give a press conference at 13.00 GMT, his father has told the BBC.

Srdan Djokovic said his son with take part in a planned family press conference via a video link. The family had been due to address the media around now but the event has been put back to 1300 GMT (midnight in Australia), Djokovic senior told the BBC.

Michael Miller, the Sydney bureau chief for The Washington Post, has more on the use of pepper spray by Victoria police against Djokovic supporters.

I’m now handing over to my colleague, Matthew Weaver, who will keep you updated with the latest developments.

Hawke will not make decision on Djokovic visa tonight

Guardian Australia understands the immigration minister, Alex Hawke, will not make a call on whether to re-cancel Novak Djokovic’s visa tonight Australian time.

A spokesman for Hawke said: “Following today’s Federal Circuit ... determination on a procedural ground, it remains within immigration minister Hawke’s discretion to consider cancelling Mr Djokovic’s visa under his personal power of cancellation within section 133C(3) of the Migration Act. The minister is currently considering the matter and the process remains ongoing.”

Earlier this evening other outlets speculated that Hawke would need to make such a decision within four hours. The four hour window is only relevant if the government had decided to re-detain Djokovic for questioning, which has not occurred.

There is no time limit on Hawke’s power to cancel the visa – it can be done whenever he reaches the requisite satisfaction that there is a ground to do so and it is in the public interest.

The latest reports from Australian media suggest there won’t be a decision from the government on Monday evening. The minister for immigration, Alex Hawke, is thought to have had a four-hour window after Djokovic was released from detention which has now elapsed. Djokovic’s visa can still be cancelled, but the decision will likely be made on Tuesday at the earliest.

More from our reporters on the ground in Melbourne:

A man looks on after being pepper sprayed.
A man looks on after being pepper sprayed. Photograph: Sandra Sanders/Reuters

Updated

Supporters of Serbian tennis player Novak Djokovic gather around a car outside what is believed to be the location of his lawyer’s office.
Supporters of Serbian tennis player Novak Djokovic gather around a car outside what is believed to be the location of his lawyer’s office. Photograph: Loren Elliott/Reuters

More from on the ground in Melbourne. Our reporter Tumaini Carayol is currently on Collins Street, where Djokovic is believed to be in discussions with his lawyers at their office.

Updated

One of Djokovic’s great rivals on the tennis court, Rafael Nadal, has given his reaction on Spanish radio, calling the ongoing situation “a circus”.

“Whether or not I agree with Djokovic on some things, justice has spoken and has said he has the right to participate in the Australian Open and I think it is the fairest decision to do so. I wish him the best of luck,” Nadal told Onda Cero on Monday, in quotes reported by Reuters.

“On a personal level, I’d much rather he didn’t play,” Nadal joked, adding “everything is much better when the best can be playing.” The draw for the men’s singles is set to take place this Thursday, whether or not Djokovic is included.

Nadal also reiterated his support for vaccination against Covid-19, having been critical of Djokovic’s stance last week. “The most important institutions in the world say that the vaccine is the way to stop this pandemic and the disaster that we have been living for the last 20 months.”

Cait Kelly is our reporter on the scene in Melbourne, where some fans have gathered outside the offices of Novak Djokovic’s lawyers:

Reports that Djokovic had been arrested quickly spread on social media – but The Age and Sydney Morning Herald say that Djokovic has not been arrested, according to their sources.

Summary

Here is a summary of the current situation:

  • Novak Djokovic won his appeal against the cancellation of his visa on Monday, and was immediately released from detention
  • The immigration minister, Alex Hawke, may still cancel Djokovic’s visa with updates expected on Monday evening
  • Supporters of Djokovic have gathered outside an office in Melbourne where Djokovic is believed to be talking to his lawyers
  • Djokovic’s father and brother claim the tennis star has been arrested, but these claims are disputed and unverified

Updated

I will now hand you over to my colleague, Niall McVeigh, who will take you through the coverage for the next few hours as we wait for a decision from Australian immigration minister, Alex Hawke, on whether to cancel Djokovic’s visa again.

Updated

There’s a lot of speculation about whether Djokovic will be detained and have his visa cancelled again.

We haven’t been able to verify the varying reports about Djokovic’s status appearing on social media and elsewhere yet. Djokovic’s brother has told Serbian press “they want to capture and lock up Novak again”, and he is currently with his lawyers considering options.

We are trying to get answers out of the immigration minister, Alex Hawke, and Australian Border Force, and will bring them to you as we get them.

Updated

In other news, Australian tennis star Nick Kyrgios is in huge doubt for the Australian Open after contracting Covid-19 just a week out from the season-opening major.

AAP reports Kyrgios pulled out of the Sydney Tennis Classic on Monday just hours before his match against Italian firebrand Fabio Fognini.

The 26-year-old withdrew from the Melbourne Summer Set last week with a mystery illness that sparked his asthma.

The world No 114 was cleared of Covid-19 at the time, but on Monday confirmed he had contracted the virus.

“I just want to be open and transparent with everyone, the reason I have had to pull out of Sydney is because I tested positive for Covid,” Kyrgios posted on his Instagram story.

Updated

In the interview, Djokovic confirmed he tested positive for Covid-19 on 16 December, and then negative on 22 December.

This is the key point of the transcript – where the interviewer advises Djokovic at 5am he could have more time to speak to people about the intent to cancel:

INTERVIEWER: So the interview is being recommenced at 5.20am. Okay – I have already served you with the notice of intention to consider cancellation and at the moment you need – what have you have advised me is that you need rest and up to 8/8.30. And that’s when you would be able to speak to your solicitor again.

DJOKOVIC: Yes.

INTERVIEWER: And get some more information.

DJOKOVIC: Yes.

INTERVIEWER: So that’s absolutely fine, because I have spoken to my supervisors and they’re more than happy to ...

DJOKOVIC: Okay great.

INTERVIEWER: ... for you to have rest. So any more questions?

DJOKOVIC: No more questions for now.

INTERVIEWER: So what’s going to happen is, because I’m going to be finishing my shift, so this case is going to be handed over to another team. Another case officer is going to come out, and speak to you. They’ll introduce themselves ...

DJOKOVIC: Okay.

But then that deal, in the words of Judge Anthony Kelly, was “reneged”.

Interviewer 2 comes in at 6.07am, and tells Djokovic if he doesn’t respond in that interview then “a decision might be made based on the information that’s at hand now”.

The interviewer informs Djokovic he’ll be taken to a hotel by government contractor Serco, and then asks if he has anything else he wants to add:

DJOKOVIC: Well as I said before ... I’m surprised that there is insufficient information on the very reason why I was granted the medical exemption by Victorian state independent medical panel which confirmed that I have fulfilled the criteria to enter Australia ... which is not on the paper which you read to me and that is if you had encountered or had a positive Covid PCR test in the previous six months, and you can provide the negative PCR test and the sufficient amount of antibodies, then you are granted access and that’s exactly what happened in the whole process.

So we provided – I provided medical documentation, on 16 November [sic], I was positive on PCR, PCR test positive COVID-19, 22nd I was negative.

I sent the blood analysis for my antibodies and had a sufficient amount and I was granted the access to Australia and I received the documentation that supported my medical exemption and the travel declaration coming from the federal government.

INTERVIEWER: Okay. Is there anything else you would like to add?

DJOKOVIC: No.

When the interview resumed at 7.38am, Djokovic was informed his visa had been cancelled.

Updated

The court has also released more documents relating to the case, which can be found here.

It includes the transcript of Djokovic’s interview with border force last week.

In the interview, Djokovic confirmed he has had Covid-19 twice, and is not vaccinated.

INTERVIEWER: Thank you. So when I ask you what were your reasons for travelling to Australia today?

DJOKOVIC: I’m a professional tennis player and the main reason for me coming to Australia is participating in the Australian Open in Melbourne, Victoria.

INTERVIEWER: Thank you. Now question regarding your vaccination, are you vaccinated ...

DJOKOVIC: I am not vaccinated.

INTERVIEWER: ... for Covid-19? Not vaccinated?

DJOKOVIC: I am not vaccinated.

INTERVIEWER: Thank you. Have you ever had Covid?

DJOKOVIC: Yes.

INTERVIEWER: So when did you?

DJOKOVIC: I had Covid twice, I had Covid in June 2020 and I had Covid recently in – I was tested positive – PCR – 16th of December 2021.

Updated

Djokovic isn’t the only player or tennis official caught up under this. The federal government cancelled the visas of Czech player Renata Voráčová, as well as another unnamed official.

They had all already entered Australia by the time their visas were cancelled. Voráčová has been housed in the same hotel Djokovic has been in, while the official voluntarily agreed to leave Australia.

Three days ago the Czech embassy issued a “please explain” to the federal government over Voráčová’s detention. We will have to wait and see what their response will be today.

The overturning of Djokovic’s visa cancellation was on grounds we don’t know exist for the other cases.

Of course it is all riding on whether the immigration minister, Alex Hawke, decides to cancel Djokovic’s visa once again.

Updated

Australian politicians are reacting to the government agreeing to un-cancel the visa.

While Novak’s fans were celebrating his release from detention, the government’s lawyer dropped the fact that the immigration minister will consider using a separate power to cancel his visa.

Under that power, in section 133C(3) of the Migration Act, Alex Hawke would have to be satisfied:

  1. That a ground exists to cancel the visa – in this case the purported threat to public health because he is unvaccinated;
  2. The visa-holder “does not satisfy the minister that the ground does not exist”; and
  3. That it would be in the public interest to cancel the visa.

That decision is not subject to the rules of natural justice. Yes, Australian immigration law really is this harsh.

Updated

Interesting throwback that judge Anthony Kelly made at the end there, albeit not directly referring to prime minister Scott Morrison.

Last week on Novak Djokovic’s visa being cancelled, Morrison said “rules are rules” and everyone had to follow them.

At the end, in ordering to overturn the decision, Kelly said:

We all play by the same rules. The reason why this minister for home affairs in this proceeding has agreed that the delegate’s decision should be set aside is for the reasons set out in the notation. Stated in other terms: those rules were not observed.

Djokovic fans in Melbourne react to news of his win in the federal court.
Djokovic fans in Melbourne react to news of his win in the federal court. Photograph: Hamish Blair/AP

Updated

To summarise:

  • The Australian government has agreed to revoke the decision to cancel Novak Djokovic’s visa last week, meaning the visa he came to Australia on stands, and he will be released from detention and get his passport and other personal effects back.
  • The reason for this is the government acknowledged it didn’t give Djokovic enough time after notifying him of the intent to cancel his visa to speak to others and respond fully.
  • Notwithstanding that, the immigration minister, Alex Hawke, can now personally intervene and decide to cancel his visa anyway on entirely new grounds. Which the government flagged in court may be something that happens.
  • If that happens, it could end up back in court because Djokovic would face being banned from Australia for three years if the minister decides to cancel the visa.

The hearing has ended now. That’s all for now.

Government counsel Christopher Tran says the immigration minister, Alex Hawke, will consider whether to exercise a personal power of cancelling the visa.

That means that once the decision is revoked, Hawke could re-cancel it, as was flagged earlier in the day.

Kelly notes that if the minister makes a decision to remove, then Djokovic cannot return for three years, and it could be appealed. He expects to be “fully informed in advance” if he is required for future proceedings.

“In a view, the stakes have risen rather than receded,” he said.

Court quashes visa decision

Judge Anthony Kelly reads out a minute agreed to by both the government and Djokovic, where he quashes the decision to cancel Novak Djokovic’s visa, orders government to pay costs, and for Djokovic to be released from detention in 30 minutes with his passport and personal effects released to him.

The minute notes Djokovic was allowed until 8.30am when he was originally detained to response to the notification to cancel his visa, but the decision was made at 7.42am.

It found if he had had more time he could have consulted more widely and responded further than he was able to.

This is why it was so delayed: they were coming to an agreement.

Updated

And the court is back temporarily. Djokovic’s lawyers confirm that he is there in the room with them.

The court has provided an update that the hearing is still temporarily adjourned, and they do intend to come back at some point today. But we do not know when that will be, exactly.

We are still waiting on the court to resume. Apologies, this live blog has been like a Samuel Beckett play for much of the day.

A protester at the Park Hotel. Make of it what you will.

A supporter of Serbian Novak Djokovic holds placards outside an immigration detention hotel where Djokovic is confined in Melbourne, Australia, Monday, Jan. 10, 2022.
A supporter of Serbian Novak Djokovic holds placards outside an immigration detention hotel where Djokovic is confined in Melbourne, Australia, Monday, Jan. 10, 2022. Photograph: Mark Baker/AP

The hearing is back under way. Christopher Tran, counsel for the federal government, flags that the injunction keeping Novak Djokovic in Australia is due to expire at 4pm, and he is minded to extend it to 4.30pm at least.

Judge Anthony Kelly extends it to 8pm.

That means it’ll be hopefully finalised today.

And we’ve temporarily adjourned again.

Updated

There are now about 14,000 people watching the YouTube livestream as we wait for the hearing to recommence.

A white van has left the Park Hotel after Novak Djokovic was allowed to move to another, unknown address, so he can watch the court proceedings remotely.

Guardian Australia cannot verify if the tennis star was inside the van, which had its windows blackened out and left the centre at around 3pm.

There were extra police on the scene and a large crowd of media taking photos of it as it left.

On Monday afternoon, Federal Circuit Court Judge Anthony Kelly ordered that the Australian Border Force must allow Djokovic out of the Carlton immigration centre so he can watch the hearing from another location.

He will come back to the hotel tonight if his appeal is not finalised.

The order reads:

The respondent, by her servants or agents, including the Australian Border Force, take all steps and do all things as may be necessary to bring the applicant to premises as specified by the applicant’s solicitors on Monday, 10 January 2022 (and each day thereafter, including upon the delivery of judgment), to permit him to remain there until the conclusion of each hearing and to secure his safe return to detention upon the conclusion of each hearing.

Updated

My bad, the case is now resuming at 3.45pm. So it’s another 20 minutes.

We are still waiting for the court to resume.

In the meantime you can read Paul Karp’s wrap of the first half of the day below.

Nigel Farage is expressing a lot of sympathy towards Djokovic’s plight, but Andy Murray has a response.

The rest of today’s hearing will now be streamed on YouTube from 3.15pm AEST.

Novak Djokovic is allowed out of the Park Hotel, where he has been held since his visa was cancelled, for the duration of his court case. Most of that will be spent with his lawyers watching the stream.

And the court has been adjourned until 3.15pm AEST, which is an hour and 15 minutes away for those of you in different time zones.

Updated

Tran is outlining how he will respond on behalf of the government to Djokovic’s arguments after the lunch break.

First he says he will go through how a response was given from Djokovic after the notice to cancel his visa.

Then he will explain how procedural fairness was not denied because the decision on when to commence the interview is dealt with in statutory code.

He will then go to the argument about unreasonableness.

He says much of the oral submission will be about the process the delegate followed in making the decision to cancel Djokovic’s visa.

Tran has otherwise just been going through case law he will be referring to, including this amusing bit:

I think it will be useful for your honour to consider two cases - both of them are going to be losses of mine, so I’ll be revisiting happy memories.

Updated

Tran argues that Judge Anthony Kelly cannot find that Border Force officials pressured Djokovic during the interview process.

Kelly responds that he would be “most reluctant on the available evidence” to suggest an actual intention to pressure, but it doesn’t “kill the point” that Djokovic felt pressured.

He says over a period of about eight hours, delegates were “darting in and out” of the interview room, which was being recorded, so Djokovic did feel pressured.

Djokovic’s lawyers have finished their oral submissions, and have proposed orders including Djokovic’s release from detention if they are successful.

We are now onto Christopher Tran, the counsel for the federal government, who will speak for about half an hour before we go to a break.

We are now going through the transcript of the interview between Djokovic and Border Force officers.

The visa was cancelled at 7.29am, and Djokovic was informed at 7.42am. He had been asking for until 8.30am to respond to the cancellation notice, and needed to speak to people.

The government made the decision on the basis of what he had provided up to that point.

The government suggests “a response” made from Djokovic counts as responding to the notice to cancel the visa, while Djokovic’s counsel argues that reading would change it from someone having a right to a response, to the delegate for the minister having discretion over how much or little of a response from someone counts in responding to the notice.

In submissions, the government has argued that to allow such extensions of time would amount to filibustering.

Djokovic allowed to leave Park Hotel for hearing

The federal circuit court has published an order that shows yesterday Judge Anthony Kelly agreed to allow Novak Djokovic to view the hearing away from the Park Hotel, where he is being held in detention.

It said that the home affairs minister, Karen Andrews, must help “bring the applicant to premises as specified by the applicant’s solicitors on Monday, 10 January 2022 ... to permit him to remain there until the conclusion of each hearing and to secure his safe return to detention upon the conclusion of each hearing”.

The order does not state where Djokovic is viewing today’s hearing from.

Now we are onto Djokovic’s counsel going through why there should have been discretion against the cancelling of his visa.

Wood says Djokovic was calling on the delegate to the minister not to cancel his visa, based on all the advice he was provided from Tennis Australia and the federal government prior to arriving in Australia that he was eligible for exemption.

“Nowhere does the delegate in the reasons that are given engage with that at all,” Wood says.

All that is mentioned is that if the cancellation is made, then Djokovic won’t be able to come back to Australia for three years.

Updated

Wood says the delegate for the minister making the decision to cancel Djokovic’s visa has not provided evidence that previous infection from Covid-19 is not a valid reason for medical exemption from being vaccinated against Covid-19 prior to entering Australia.

And in that case, the only evidence that can be relied upon is the Atagi guidelines, which did say vaccination can be deferred for up to six months from infection as a valid reason for a medical exemption.

Wood says Djokovic isn’t trying to argue he is fully vaccinated against Covid-19, and that’s not sought as part of this case.

Djokovic’s counsel, Nicholas Wood, is now going through the process medical practitioners go through to register someone on the Australian Immunisation Register for people who register as not being able to get vaccinated against Covid-19 on medical grounds.

Under “temporary vaccine exemption”, it allows people to tick a box for “acute major medical illness”, and then the guidelines refer to the Atagi advice document on major medical illnesses that mention having a PCR-confirmed Covid-19 infection in the past six months.

“This is the critical Atagi document ... it is an eminently clear expression by Atagi ... that a valid reason for a temporary exemption for an acute major medical condition ... [includes a] PCR confirmed infection,” Wood says.

He says this advice is unremarkable; someone who has recently had Covid-19 has some level of natural immunity from having had Covid-19. He said vaccination “is not advisable” and would have limited utility for someone who has recently had Covid-19, combined with the risk of an adverse effect.

Those are his words.

Updated

And I am back in. It appears they had a bit of an adjournment but should be back underway shortly.

And we are still trying to get back into the livestream. Apologies.

I regret to inform you the feed has died again.

The full quote from Kelly there:

In the waking hours of Thursday morning, at 4am a person is instructed to and complies with instruction to turn off his phone, is effectively incommunicado for the entire or vast majority of the period from midnight to 7:42am from when the cancellation is effected. [Djokovic] is putting to the delegate...’if you would let me have enough time so when Tennis Australia is awake, when my agent is awake and I’m able to communicate with them by telephone we can effectively take up the opportunity embodied in this invitation to provide you anything further you might want’.

Wood says the Department of Home Affairs, before [Djokovic] left, said Djokovic met the requirements for quarantine-free travel.

“He’s made the declaration, provided the evidence even though it was not required, and then he received [notice] from the Department of Home Affairs ... saying the application has been assessed and meets the required for quarantine-free travel.”

Wood says any reasonable person would have considered he ticked every box.

He says Djokovic, in the transcript of the interview with Border Force at the border, said that he was confused, he had done everything right, and if he hasn’t then he would like time to contact lawyers for advice.

Judge Kelly then replies that the transcript shows, rather than being denied time to speak to lawyers in the morning before his visa was cancelled, it was then “reneged” upon by the government.

Updated

'What more could this man have done?': Judge Kelly

We are now going through Djokovic’s travel declaration before he arrived in Australia. It was filled out by his agent. His counsel Nicholas Wood notes in the request for declaration of vaccination, Djokovic has claimed he cannot be vaccinated on medical grounds.

When prompted to provide proof, Djokovic uploaded the medical exemption document from the CMO at Tennis Australia.

Kelly says a “matter that has really preoccupied me” is the status attached to the Tennis Australia document, and questions why it was not accepted by the delegate making the decision on the visa:

Here, a professor and an eminently qualified physician have produced and provided to the applicant a medical exemption. Further to that, that medical exemption and the basis on which it was given was separately given by a further independent expert specialist panel established by the Victorian state government and that document was in the hands of the delegate.

The point I am agitated about is ‘what more could this man have done?’

Media are seen outside the Park Hotel on January 10, 2022 in Melbourne, Australia.
Media are seen outside the Park Hotel on January 10, 2022 in Melbourne, Australia. Photograph: Darrian Traynor/Getty Images

Updated

And we are back.

Judge Kelly has noted that in his interview Djokovic said words to the effect of “if you let me talk to people I will try and get what you want”.

Nicholas Wood replied that he was “doing his level best to provide everything” he could and “did indeed provide that evidence from medical practitioners, before he boarded the aircraft”.

Wood again argues it is “manifestly incorrect” that the biosecurity determination requires both a declaration of an exemption and evidence of the exemption - only the former is required, Djokovic’s team argues.

Any conclusion that Djokovic breached the determination is “clearly erroneous”, Wood says.

Mr Djokovic did provide evidence both before boarding and upon arriving of the matter.

Updated

The court has temporarily adjourned. I think dealing with more technical issues.

Justice Anthony Kelly notes the requirement to provide evidence would have been required by the parliament - either by regulation or legislation - if that was intended, and he notes that there are 30 penalty units under the Biosecurity Act for contravention - i.e. misleading on declarations, which would act as a deterrent.

30 penalty units is about $5,500.

Incidentally, Kelly also tells Djokovic’s counsel they won’t need to ask for more time for oral submissions until about 1.45pm AEST. Which is about three hours after they have been talking. We’d need to hear from the government counsel after that. The oral submissions from both parties was originally scheduled to go to 3pm.

Updated

Wood says under the requirements on the visa application, Djokovic made a declaration of the medical exemption from vaccination as he was required to, and was not required to provide the evidence for that medical exemption. He said it was patently false to suggest the medical evidence was required.

But he notes that Djokovic ultimately did provide that evidence.

Updated

Djokovic’s counsel, Nicholas Wood, has accused the Australian government’s delegate of an “utter paucity of evidence” in the section of the notice in which they were required to explain why grounds to cancel the visa exist.

Wood said the description that “all and only” earlier evidence set out above was the basis for the decision means that ANY problem in the earlier evidence can invalidate the ultimate decision.

Updated

Judge Anthony Kelly has noted that the ONLY ground the delegate relied on when deciding to cancel Djokovic’s visa is that: ”the presence of its holder in Australia is or may be, or would or might be, a risk to: (i) the health, safety or good order of the Australian community or a segment of the Australian community”.

Nicholas Wood argued this was “more than a typo” in the decision, but a “confusing blend of two grounds”, including a separate ground that the applicant had not been immigration cleared.

He argued that the “only expression of satisfaction” of the test was a mash-up of two grounds so there “wasn’t the requisite state of satisfaction to enliven the power” and the decision was invalid.

Kelly doubts that - he notes that all the grounds in section 116(1) are “disjunctive”; the delegate decides on one ground, or another, or another, not some combination of them.

Serbian tennis player Novak Djokovic’s father Srdjan Djokovic (R) speaks flanked by his wife Dijana Djokovic (L), as they take part in a rally in front of Serbia’s National Assembly, in Belgrade, on January 9, 2022.
Serbian tennis player Novak Djokovic’s father Srdjan Djokovic (R) speaks flanked by his wife Dijana Djokovic (L), as they take part in a rally in front of Serbia’s National Assembly, in Belgrade, on January 9, 2022. Photograph: Oliver Bunic/AFP/Getty Images

Updated

Djokovic’s lawyers are arguing to the court that on the first ground of the cancellation of his visa, the notice of the intention to cancel his visa was “defective”, in part because it was relied on a “mash-up” of grounds required to cancel the visa.

The Federal Circuit Court has begun hearing Novak Djokovic’s case seeking his Australian visa to be reinstated.

After a 45-minute delay in which the live stream was not operative, I’m now getting both audio and video of the hearing.

Judge Anthony Kelly is quizzing Djokovic’s legal team about the notices given to him about the intention to cancel his visa, and asking them to go through the timeline of Djokovic’s interview with Border Force. Djokovic’s team is arguing the notices were pre-printed.

Kelly said:

It’s absurd to think the delegate arrived at 4am and gave to the applicant a copy of part C before there’d been any interview.


Djokovic’s lawyers replied that he received a notice of intention to cancel his visa at 3:55am. Judge Kelly warned him not to refer to this as a “Noic” because he “hates acronyms”.

Updated

I have a live stream up and running now. Updates coming soon.

A spokesperson for the court says the hearing is going ahead, but the live stream is still down:

I am now advised the hearing has started. The court is working to rectify the situation. Apologies.

Still waiting on the live broadcast. I received a service error a short time ago. I am hoping this means they are fixing it.

My colleague Cait Kelly on the ground outside the Park Hotel where Novak Djokovic is being held, along with over 30 asylum seekers who have been there for much longer.

They are working on it.

And we are struggling to get the live feed to work. Standby.

The hearing will be getting underway in about five minutes. I am eagerly refreshing the live feed and hoping it holds out.

At the moment, the 34-year-old tennis number one is being held at a quarantine hotel called Park Hotel in Melbourne’s north.

In that hotel are over 30 asylum seekers who were transferred to Australia from our offshore detention system for medical treatment a few years ago. The men have been held in Australia’s immigration detention system for around nine years.

Protesters in support of the asylum seekers have been holding vigils outside of the hotel in the past few days hoping to bring attention to the plight of the asylum seekers, given the massive global focus on Djokovic.

The ABC showed footage earlier this morning of some of the protesters being arrested by police, but it is unclear what for.

My colleague Cait Kelly is on the ground outside the hotel, so we will hopefully have some updates soon.

You can find the submissions for the various parties online here.

Here’s a summary of what Novak Djokovic is claiming in court about why he believes the government made an error in cancelling his visa:

  • The Institute of Public Health in Serbia recorded Djokovic was Covid-19 positive on 16 December, and this positive test result formed the basis of the medical exemption he received from Tennis Australia and the Victorian government on 30 December.
  • Djokovic argues he relies on the advice of the Australian Technical Advisory Group on Immunisations, which said vaccination can be deferred for up to six months due to a Covid-19 infection.
  • He argues, therefore, it is illogical that the government now argues that recent Covid-19 infection is not a grounds for medical exemption from vaccination.
  • He is also arguing he was denied procedural fairness in not being given more time between given the notice of the intent to cancel his visa at 4am on 6 January, and when it was cancelled at 7.42am. He wanted to wait until he could speak to his lawyers at 8am.

The government has argued:

  • That granting such a wait would amount to a procedural filibuster given Djokovic had given a response about his application during the interviews in the morning.
  • The Atagi advice on vaccination exemption needs to be read with a December guide on vaccination put out by Atagi which states that people are able to be vaccinated against Covid-19 after recovering from acute major medical illness from Covid-19, and says “the evidence is that the applicant has recovered”.
  • If the court grants Djokovic a win, the government could once again cancel his visa and detain him.

Good morning from Melbourne, and welcome to our live blog of tennis number one Novak Djokovic’s appeal in court against the cancellation of his Australian visa ahead of the Australian Open.

I’m Josh Taylor and I will be bringing you all the updates from the court live stream.

The hearing will kick off at 10am AEST in Melbourne, which is 11pm GMT or 6pm EST.

You can read our most recent stories on the submissions to the court from Djokovic’s lawyers and the federal government while you are waiting, but I will be going through those in more detail in a minute.

If you want to watch the live stream yourself, you will be able to view it here, but a reminder that recording, photography or broadcasting of the hearing is not permitted.

Late on Sunday the court issued a new link, meaning it will be view-only for the public, thereby avoiding the mess of every participant being able to use their camera and microphone, which would have made the hearing a disaster.

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