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Novak Djokovic court case LIVE updates: Serbian tennis star fights to play in 2022 Australian Open - Brisbane Times

If you’re just tuning in to our live blog, welcome.

The big news of the day was the federal government conceding - in court - that the decision to cancel the visa of reigning Australian Open champion Novak Djokovic’s was unreasonable.

Victorian police officers guarding the entrance to the law firm’s carpark this evening.

Victorian police officers guarding the entrance to the law firm’s carpark this evening.Credit:Simon Schluter

Federal Circuit Court judge Anthony Kelly then ordered that the minister for home affairs’ decision to cancel the visa be reversed and that Djokovic should be released from immigration detention.

The main reason for the concession was that Djokovic was not given enough time to seek advice and respond to the intention to cancel the visa when he was detained at Melbourne airport.

But what we’re waiting on now is whether another federal government minister - the minister for immigration - will use a separate set of powers to cancel the visa again. We don’t expect a decision either way will be made tonight, and could be as early as tomorrow morning.

Taking it to the streets: fans of Djokovic outside his lawyers’ offices.

Taking it to the streets: fans of Djokovic outside his lawyers’ offices.Credit:Simon Schluter

What we’re also expecting is a press conference from Djokovic’s family in Serbia, which should take place about 10pm AEST.

Djokovic, who has likely been inside the office of his lawyers in Melbourne’s Rialto tower on Collins Street, is yet to show his face too.

His fervent fans gathered outside the precinct in support, which resulted in a car being mobbed and an ugly confrontation with police.

Novak Djokovic is preparing to make public comments in the next few hours after he won his court case and had his visa cancellation quashed by an Australian court.

A press conference by Novak Djokovic’s family, which was scheduled for 10pm AEST, has been moved to midnight AEST, Serbian media are reporting.

His father, Srdjan Djokovic, confirmed for BBC Serbia that his son would address the media via video link.

We’re keeping our blog ticking along for a little while longer, but I (Age reporter Tammy Mills here!) will be handing over to our homepage editor Alison Cassar to take over for now.

Thanks for tuning in all.

While we’re waiting on a press conference Novak Djokovic’s family is expected to give at 10pm Australian Eastern Standard Time, The Age‘s chief reporter Chip Le Grand’s analysis piece of today’s saga is worth a read:

Prime Minister Scott Morrison would have us believe the rules which govern our borders are similarly clear. “Rules are rules, especially when it comes to our borders,” he tweeted within an hour of a decision by border officials to cancel the entry visa of Novak Djokovic. “No one is above these rules.”

We now know it was Australia’s overzealous border officials, rather than the world’s best tennis player, who broke the rules. And nothing about this saga, which may still have a way to run, is remotely simple.”

Le Grand also writes:

“The short answer is get a jab. But then, had Djokovic done the sensible thing to start with, the world would have never been given such rare insight into how the walls of Fortress Australia are bloodlessly defended, sub clause by Roman numeral, in the dead of night.”

A spokesperson for Immigration Minister Alex Hawke said in a statement a short time ago:

“Following today’s Federal Circuit and Family Court 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.”

Victoria Police have pepper sprayed fervent Novak Djokovic supporters who mobbed a car that was exiting the building, home to his legal team, in Melbourne’s CBD.

A black car emerged from the CBD building’s carpark about 8.45pm. Fans, many in Serbian coloured clothing, mobbed the car as it moved at a snail’s pace down King Street.

The chanting and dancing around the car became more intense and eventually people were dancing on top of the car and banging on its windows.

Around this time, police began moving people away from the front of the car.

Some fans then reacted by shoving officers and verbally abusing them.

Police used O.C spray (capsicum/pepper spray) to move them along.

After the crowd dispersed, a large group of fans confronted police and hurled bottles and verbal abuse at them, causing the police line to fall back.

The commotion was over by 9pm, but many fans and police officers were seen clearing their eyes from the pepper spray.

It’s not clear if the car was actually carrying Djokovic.

He was not in the front seat or the back left seat. The back right window had a shade blocking the view from outside.

Immigration Minister Alex Hawke will not make a decision on whether to cancel Djokovic’s visa tonight.

Mr Hawke had four hours to use his personal power under the Migration Act if the government wanted to try to keep the tennis champion in detention.

But the government has decided to not make a decision within the four-hour period, meaning Djokovic is free to leave.

It is expected Mr Hawke will make a decision on whether to cancel his visa as early as tomorrow.

If you’re just tuning in to our live blog, welcome.

The big news of the day was the federal government conceding - in court - that the decision to cancel the visa of reigning Australian Open champion Novak Djokovic’s was unreasonable.

Victorian police officers guarding the entrance to the law firm’s carpark this evening.

Victorian police officers guarding the entrance to the law firm’s carpark this evening.Credit:Simon Schluter

Federal Circuit Court judge Anthony Kelly then ordered that the minister for home affairs’ decision to cancel the visa be reversed and that Djokovic should be released from immigration detention.

The main reason for the concession was that Djokovic was not given enough time to seek advice and respond to the intention to cancel the visa when he was detained at Melbourne airport.

But what we’re waiting on now is whether another federal government minister - the minister for immigration - will use a separate set of powers to cancel the visa again. We don’t expect a decision either way will be made tonight, and could be as early as tomorrow morning.

Taking it to the streets: fans of Djokovic outside his lawyers’ offices.

Taking it to the streets: fans of Djokovic outside his lawyers’ offices.Credit:Simon Schluter

What we’re also expecting is a press conference from Djokovic’s family in Serbia, which should take place about 10pm AEST.

Djokovic, who has likely been inside the office of his lawyers in Melbourne’s Rialto tower on Collins Street, is yet to show his face too.

His fervent fans gathered outside the precinct in support, which resulted in a car being mobbed and an ugly confrontation with police.

Novak Djokovic’s fan contingent has been milling around the Rialto Towers, where the men’s tennis no.1 and reigning Australian Open champion is believed to be with his legal team.

A large line of Victoria Police are restricting the group from moving closer to the building on Collins Street.

Fans outside Rialto Towers, where Novak Djokovic is meeting with his lawyers.

Fans outside Rialto Towers, where Novak Djokovic is meeting with his lawyers.Credit:Ashleigh McMillan

Chants of “free Nole” (Djokovic’s nickname) are ringing out inside the atrium, with no shortage of Serbian flags on display

We have not received word yet whether the Minister for Immigration Alex Hawke has moved to cancel Novak Djokovic’s visa again.

The minister flagged he was considering cancelling the visa under a separate set of powers.

This came after the Federal Circuit Court ordered the quashing of another minister’s decision (the Minister for Home Affairs) to renege the reigning Australian Open champion’s visa.

The Age and The Sydney Morning Herald’s foreign affairs and national security correspondent Anthony Galloway reported earlier that the immigration minister has about four hours to decide whether to exercise his “personal power of cancellation” under section 133C(3) of the Migration Act.

We are estimating the minister has until about 9.15pm.

Stay tuned.

Former Australian tennis player and the federal member for Bennelong John Alexander says ministerial powers to cancel visas should be reserved for criminals, not the “political problem of the day”.

In a post on his Facebook page, the Liberal politician said Novak Djokovic appeared to have complied with all the health entry requirements, and he did not seem to present an unreasonable risk to Australia.

John “J.A” Alexander won seven singles titles and 27 doubles titles, reaching a career-high ranking of no. 4 in the world.

John “J.A” Alexander won seven singles titles and 27 doubles titles, reaching a career-high ranking of no. 4 in the world.Credit:Jessica Hromas

“So would be the ‘public interest’ the Minister could potentially use to exercise his personal powers to deport our defending Australian Open champion?” Mr Alexander said.

“Retaining the Australian Open as a grand slam event, I would argue, is in our national interest.

The Minister’s ‘personal powers to cancel visas’ are designed to prevent criminals otherwise walking our streets, or to prevent a contagious person otherwise walking our streets; they’re not designed to assist in dealing with a political problem of the day.”

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2022-01-10 04:57:17Z
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