The path for Novak Djokovic to take part in the 2022 Australian Open now seems to have cleared with the Australian Federal Circuit Court quashing last week's decision to cancel his Australian visa, on Monday.
The court ruled that Djokovic will be released from the detention facility he was being held at for the last few days, after the judge found 'unreasonableness' in how the border official decided to cancel his visa after his arrival in the country, the BBC reported.
However, the Australian government told the court that it could still cancel the Serbian’s visa, in which case the matter could return to court. If the Immigration Minister does indeed cancel Djokovic's visa, he will be unable to enter the country for three years, according to various reports. A four hour window was open for the Alex Hawke to make the call but according to latest reports, Hawke will take a final call on Tuesday.
Government lawyer Christopher Tran told the judge after the ruling that the minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Alex Hawke, "will consider whether to exercise a personal power of cancelation.''
In response, the judge warned the government lawyers that "the stakes have now risen, rather than receded."
Judge Anthony Kelly ordered for Djokovic to be released from the detention facility within half an hour after the court verdict. He also asked the Australian government to cover all costs related to the appeal.
In his court documents, Djokovic said he is unvaccinated and did not need proof of the same as he had evidence that he had tested COVID-19 positive in the last month. The court documents claimed the date of the positive test being 16 December.
According to Australian medical authorities a temporary exemption for the vaccination rule can be provided to people who have been infected with COVID-19 within six months.
Djokovic, on Tuesday, had announced that he had received an exemption from the COVID-19 vaccine.
The Australian government had cancelled Djokovic's visa on arrival in Melbourne as the Border Force officials decided he didn't meet the criteria for an exemption to an entry requirement that all non-citizens be fully vaccinated for COVID-19.
Djokovic will be aiming for his 10th Australian Open crown and a record 21st Grand Slam title.
The Australian Open begins on 17 January.
Earlier last week, Djokovic's detention saw strong responses from all parts of the world. His opponent Rafael Nadal said that the Serbian had made a decision and there would be consequences.
“Of course I don’t like the situation that is happening. But at the same time, he knew the conditions since a lot of months ago, so he made his own decision," Nadal told the media.
“I think if he wanted, he would be playing here in Australia without a problem. He went through another - he made his own decisions, and everybody is free to take their own decisions, but then there are some consequences."
(With inputs from AP)
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