Novak Djokovic's Australian Open fate will be decided by the Federal Court today - ABC News

The fate of Novak Djokovic's Australian Open title defence will be decided in the Federal Court today.

Key points:

• The appeal against the cancelled visa of Novak Djokovic will be heard at 9:30am
• The Serbian tennis star had his visa revoked by Immigration Minister Alex Hawke on Friday
• Djokovic is in Melbourne for the Australian Open which begins on Monday 

The Serbian world number one men's tennis player will make his last attempt to play in the year's first grand slam after his visa was revoked by Immigration Minister Alex Hawke.

His appeal will be heard in the Federal Court by three judges, Chief Justice James Allsop, Justice Anthony Besanko and Justice David O'Callaghan.

Djokovic, a 20-time grand slam champion, had his visa revoked on Friday by Mr Hawke who said it was "in the public interest to do so".

The 34-year-old is not vaccinated against COVID-19, with suggestions he incorrectly filled out his declaration form before arriving in the country.

If the Federal Court upholds the appeal it will allow Djokovic to attempt to win his 10th Australian Open and become the all-time men's leader with 21 grand slam crowns, going past Roger Federer and Rafael Nadal.

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However, if his appeal is dismissed, he faces the prospect of not being allowed into Australia for three years.

Djokovic spent last night in detention in the Park Hotel in Melbourne, waiting for the hearing. 

He was granted an exemption to enter Australia by two different independent health panels — one engaged by Tennis Australia, the other by the Victorian government.

However, he was detained by Australian Border Force when he arrived on January 5 because he did not meet the federal government's requirement of being vaccinated against COVID-19.

Despite one federal judge dismissing his detainment on the grounds he was unfairly treated by the ABF officers, Mr Hawke used his authority as Immigration Minister to deny Djokovic's visa for a second time.

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Tennis star's lawyers release documents showing why Minister cancelled visa

In a submission to the court on Friday, lawyers for Djokovic argued the reasons for their client's visa cancellation were not valid.

They said Mr Hawke had erroneously cancelled his visa on the grounds Djokovic was seen as a "talisman of a community of anti-vaccine sentiment".

They also have argued that the federal government had provided no evidence that Djokovic could "foster anti-vaccination sentiment" and the minister was not the one to make that decision.

Lawyers for the federal government had until 10pm AEDT on Saturday to file an outline of their argument to the court. 

This has yet to be published on the Federal Court website.

Djokovic is scheduled to play fellow Serbian Miomir Kecmanovic in the opening round of the tournament on Monday.

Key dates in the Djokovic saga

• On November 18, Djokovic is granted a temporary activity (subclass 408) visa. Temporary activity visas enable people to work in Australia on a short-term basis, and subclass 408 covers sporting activities.
• On November 29, Federal Health Minister Greg Hunt writes to Tennis Australia chief executive Craig Tiley, saying players wishing to enter Australia quarantine-free must be fully vaccinated and cannot count a previous infection as a reason for exemption.
• On December 16, Djokovic undertakes both PCR and rapid antigen COVID tests, according to a statement put out by the tennis star.
• On December 17, Djokovic participates in events having not yet received a positive COVID test result.
• On December 18, Djokovic takes part in a media interview despite having received a positive result on the PCR test.
• On December 30, Djokovic receives a letter from the Chief Medical Officer of Tennis Australia stating he has been granted a "medical exemption from COVID vaccination" on the grounds that he had recently recovered from COVID-19.
• On January 1, Djokovic receives an automated online confirmation via the Australian Travel Declaration website/app that he met the requirements for a "quarantine-free arrival into Australia where permitted by the jurisdiction of your arrival".
• Just before midnight on January 5, Djokovic arrives in Melbourne on a flight from Dubai and is detained at the airport.
• In the early hours of January 6, Djokovic is interviewed by Border Force officials before his visa is cancelled and he is transferred to a Melbourne immigration detention hotel.
• Later that day, his lawyers file a challenge against the cancellation of his visa. An injunction is granted to allow Djokovic to remain in the country until January 10, the same day a hearing is scheduled in the Federal Circuit Court.
• On January 10, the court finds Djokovic's visa was unreasonably cancelled and orders his release from detention. After his release, the tennis star publicly states his intention to stay in the country and compete at the Australian Open.
• On January 13, the Australian Open draw takes place and a match between Djokovic and compatriot Miomir Kecmanovic is scheduled for the first round of the tournament.
• On January 14, Immigration Minister Alex Hawke uses his ministerial powers to cancel Djokovic's visa on "health and good order grounds".

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2022-01-15 14:25:55Z
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