Novak Djokovic is finally freed in Melbourne after Australian Open visa exemption chaos

Wild scenes of celebration have broken out in Melbourne as Novak Djokovic is finally freed from his five days of hotel detention hell.

Excited fans were seen swamping his tinted car after he was led out of the building around 8.45pm on Monday, with some even laying in the road in sheer jubilation as they chanted his name.

Police were forced to deploy pepper spray to control the crowd, as the celebrations following days of tension and protest threatened to spill out of control. 

The tennis star has successfully challenged the Australian Government’s decision to cancel his visa, paving the way for him to play in the Australian Open after five days of chaotic bureaucracy.

Police quickly swarmed his lawyer Paul Holdenson’s office in Melbourne, where he was permitted to go during the hearing, with his family in Serbia claiming the authorities planned to ‘lock him up’. 

But Djokovic has not been arrested, according to government and tennis sources, and is finally being taken to his rented accommodation.

An official escorted by a team of five police officers wheeled a navy suitcase into Mr Holdenson’s office at about 8.15pm, as the star’s luggage was finally given back to him after five days. 

Immigration minister Alex Hawke is, however, understood to be still considering whether to again cancel the player’s visa.

Hordes of fans, followed by police, were quick to arrive at Djokovic’s lawyer’s office building after the matter concluded in court.  

Federal Court Judge Anthony Kelly ordered the 34-year-old tennis world No.1 to be freed from detention at Melbourne’s Park Hotel by no later than 5.46pm on Monday, having already gone to his lawyer’s office to view the hearing. 

Within 30 minutes, the back exit of the building was swarming with dozens of police officers who created a shield around the gates of the parking garage.

The situation has since calmed down, but a handful of police remain on guard, directing traffic leaving the busy office block.

With several discrete exits to choose from, it’s hard to know if Djokovic is still in the building, but fans milling out the back are hopeful he’ll make an appearance.

Speaking on Serbian TV, his brother Djordje said Australian authorities wanted to ‘capture and lock up Novak again.

‘That’s the last info, we are currently consulting with PRs about our next steps. He is at the moment with his lawyers in the room they were during the hearing, thinking about his options.’

One of his lawyers was seen leaving the building before 8pm on Monday, indicating no re-detention was pending. 

At the heart of the case was a procedural error made by the Australian Border Force when officers first stopped Djokovic at the city’s airport last Wednesday evening. 

They did not give the tennis star an acceptable amount of time to consult with his legal team after notifying him of their intent to cancel his visa, with Djokovic given little to no sleep and no ability to consult with lawyers. 

‘We all play by the same rules… those rules were not observed,’ Judge Kelly said. The message is not all that dissimilar to Prime Minister Scott Morrison’s statement hours after Djokovic was initially given his marching orders. 

‘Rules are rules, especially when it comes to our borders. No one is above these rules,’ Mr Morrison said at the time.  

Judge Kelly quashed the decision to tear up Djokovic’s visa and ordered that all his personal belongings returned, asking the court: ‘What more could this man have done?’ 

The decision is a huge blow to the Department of Home Affairs which had claimed Djokovic had relied on out-of-date ATAGI advice to enter the country.  

But Christopher Tran, who was leading the government’s case, warned immigration minister Alex Hawke may still use his personal power to revoke Djokovic’s visa – a decision that would almost certainly land the parties back in court. 

Judge Kelly noted if Djokovic were to be deported in that manner, he’d could be forbidden from returning to Australia for three years, though there would be discretion to allow him back in for next year’s Open.

He told the court in no uncertain terms, that if the government does consider this motion he must be given ample notice to prepare for future proceedings.

Until then, Djokovic is free to enter Australia and compete at the Open – which starts on January 17 – where he will bid to become the most-decorated men’s singles player of all time.

The Serb is currently level with Federer and Nadal on 20 Open titles each. Federer is out of this year’s tournament with injury, while Nadal will be competing in Melbourne.  

The court was due to hear from the lawyer representing the Department of Home Affairs from 3.15pm and he had an additional 90 minutes to plead his case. 

Instead, he sought a further adjournment and returned at 5.15pm to tell the court the Federal Government had agreed to revoke the decision to cancel the visa. 

Djokovic supporters had high hopes for the case after Judge Kelly said he was ‘agitated’ learning all the steps the world No.1 took to assure he’d be welcome in Australia and free to play his favourite Grand Slam. 

‘A professor and qualified physician provided the applicant a medical exemption, the basis of which was given by an independent expert panel established by the state government… that document was in the hands of the delegate,’ Judge Kelly said.

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

While Djokovic is now free to begin training again and remain in Australia, the debacle has prompted fierce backlash online, with many saying the incompetence of the Australian government has been thrust into the spotlight. 

Djokovic was originally granted a 408 visa which lets you come to Australia to participate in events which are endorsed by the Australian Government.

Fellow tennis star Andy Murray says the uncertainty over Djokovic’s situation is ‘really bad’ for tennis and claims the scenario has ‘shocked’ the athletes.

Speaking ahead of the Australian Open, Murray said in Melbourne: ‘I think everyone is shocked by it to be honest. I’m going to say two things on it just now.

‘The first thing is that I hope that Novak is OK. I know him well, and I’ve always had a good relationship with him and I hope that he’s OK.

‘It’s really not good for tennis at all, and I don’t think it’s good for anyone involved.’

There has been outrage that Djokovic – one of the world’s greatest sportsmen – has been detained in a $109-a-night hotel alongside refugees and detainees.

Protesters gathered outside for days on end arguing for the freedom of the detainees inside.

‘9 years. Human zoo,’ one of the residents wrote on a handwritten note stuck to the window of his room. 

Djokovic’s lawyer Nick Wood SC said the star went beyond what was required of him by providing evidence of his medical contraindication when he was detained at the airport. 

He said government entry requirements specify a traveller must declare they can prove their exemption, but does not state they will have to do so. 

‘He was not required to provide evidence, even though as a matter of fact, he did,’ Mr Wood said.  

Mr Wood also noted Djokovic felt pressured when giving evidence to border force officials after touching town from 25 hours of long-haul travel.

He claimed an officer expressed that his ‘shift was ending soon’ and questioned whether this impacted the decision to renege on an agreement to give Djokovic several hours rest and time to consult his legal team.

Djokovic had asked for any further questioning to be delayed until 8.30am to give him time to consult with his team and it’s understood this was initially agreed to.

Later, he was told it was in his interests to proceed immediately, and his visa was cancelled about 7.40am.

The court heard Djokovic told border officers: ‘If you let me talk to people, although you’ve taken my phone from me, I will try and get you what you want’.

Mr Wood told the court it was ‘spurious rationale’ to tell Djokovic it was in his interests to allow the visa cancellation without consulting his team.

‘There was no reason, no intelligible reason, not to allow him that more time,’ he said.  

Lawyers for the Department of Home Affairs indicated in submissions made about 10.30pm on Sunday night they had the ability to contest a decision in Djokovic’s favour.

In fact, they say they could cancel his visa all over again, leaving him in perpetual limbo just a week before the Open begins.

Their submission states Djokovic is of a ‘greater health risk’ of spreading the virus than an vaccinated person, and that infecting others would ‘burden the health system’.

But the tennis ace’s lawyers said he posed a minuscule risk to the health of Australian citizens given his reduced risk of reinfection so soon after recovering from the virus.

They also noted NSW and Victoria were already recording tens of thousands of new cases each day by the time the decision to cancel his visa was made. 

Djokovic’s high powered legal team argued border officers acted unjustly and made critical jurisdictional errors in cancelling his temporary worker visa in the early hours of Thursday.

They claim the Australian Travel Declaration assessment, which arrivals on most visas must complete before boarding, said he had met quarantine-free arrival requirements. 

Results of the assessment are processed by a computer in just 60 seconds, with the government saying the document isn’t official proof someone can enter the country and exists purely to give travellers an idea of whether they’re eligible to enter or not.

His team also argues he was not given time to rest, having travelled for 25 hours, or speak to a lawyer during hours of questioning at Melbourne Airport, with the star left ‘confused’.

ATAGI website guidelines which Djokovic and his team based their understanding of his ‘medical exemption’ on, state ‘PCR-confirmed SARS-CoV-2 infection,’ is a valid reason for a temporary medical exemption.

‘Vaccination can be deferred until 6 months after the infection,’ the guidelines state.

In these circumstances, a person would be considered exempt from getting the jab if they can prove they’ve been diagnosed with Covid in the last six months.

The statement echoes what NSW’s chief health officer Dr Kerry Chant advised on Friday, which is that a person could wait up to six weeks after their symptoms finished to get jabbed. 

Source: Daily Mail