Djokovic wins visa case to end detention

MELBOURNE－World No 1 Novak Djokovic won a stunning victory Monday over the Australian government, overturning the cancellation of the tennis star's visa on COVID-19 health grounds, and ending his detention.

It was an extraordinary setback for the Australian government, which has imposed strict pandemic requirements on arriving foreign travelers for the past two years.

But the Australian government's lawyer told the court that Immigration Minister Alex Hawke may still decide to use his "personal power of cancellation" despite the player's victory.

The 34-year-old Djokovic arrived in Melbourne last week ahead of the Australian Open, which starts in just one week, hoping to win a record-breaking 21st Grand Slam title.

But instead of a champion's welcome, officers at Melbourne's Tullamarine Airport decided the unvaccinated star had failed to present a solid medical reason for not being jabbed.

Djokovic's visa was revoked and he was moved to a notorious immigration detention facility pending deportation.

In an emergency online court hearing Monday, the judge said the government side had agreed to drop its visa decision and he ordered Djokovic's immediate release.

"Such release must occur no later than 30 minutes after the making of this order," he said.

Djokovic has been in detention at the former Park Hotel, a five-story facility that holds about 32 migrants trapped in Australia's hard-line immigration system－some for years on end.

An early plea by Djokovic to be moved to a facility where he can train for the Australian Open had fallen on deaf ears, his lawyers said.

'Not human conditions'

The court's finding, read out in an online hearing, recalled that Djokovic was interviewed overnight at Melbourne airport after his arrival late on Wednesday night.

In the early hours of the next morning, the player was told he had until 8:30 am to reply to the proposed cancellation of his visa. But instead, the border agent canceled it at 7:42 am.

If Djokovic had been given until 8:30 am as first promised, "he could have consulted others and made submissions to the delegate about why his visa should not be canceled," the judge said.

Though the hearing was held online, a small group of Djokovic fans gathered outside the federal court building, waving a Serbian flag, holding up a photo of their hero and dancing to the tune of an accordion.

Earlier, at a rally in Belgrade, Djokovic's mother Dijana claimed her son was staying "in not human conditions" during his four-night stint at the detention center.

"They detained him and even don't give him breakfast, he has only lunch and dinner," she said, quoted by local media. "He does not have a normal window, he stares at a wall."

Prime Minister Ana Brnabic said this weekend that after "constructive talks" with her Australian counterpart "we managed that he gets gluten-free food, exercise equipment, a laptop."

Kyrgios tests positive

Meanwhile, Nick Kyrgios said on Monday that he has tested positive for COVID-19, casting major doubt over whether he can play at next week's Australian Open.

The polarizing Aussie was due to play his first match of the season at the Sydney Classic but pulled out just hours before his evening clash with Italian Fabio Fognini.

"Hey everyone, 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," he said in an Instagram post.

"I am feeling healthy at the moment with no symptoms. I wish everyone all the best and to stay safe where you can. If all goes well I will see you all at the Australian Open."

AFP