Djokovic back in court to stay in Australia

Novak Djokovic was back in detention yesterday ahead of his appeal against the re-cancellation of his visa at the Federal Court of Australia.

After meeting with his lawyers for several hours, Djokovic was driven to the same immigration hotel where he spent four nights last week for what he will hope will be the final night.

The appeal was due to begin at 10.30pm GMT last night, Australia is 12 hours ahead of the UK. The world number one’s legal team has been preparing his case following the decision of immigration minister Alex Hawke on Friday to cancel Djokovic’s visa for a second time on the grounds of “health and good order”.

His arrival in Australia despite being unvaccinated, and the shambolic handling of his visa application, has been widely criticised.

Djokovic is due to play his first-round match at the Australian Open against fellow Serbian Miomir Kecmanovic tomorrow. A timetable was agreed on Friday, with Djokovic being at a meeting with immigration officials at 8am yesterday before meeting with his lawyers.

He is appealing against the decision on the grounds it was both affected by jurisdictional error and irrational, but the threshold for success is much higher than in the first hearing.

Hawke based his finding not on the validity or otherwise of Djokovic’s medical exemption but on the potential for his continued presence in the country to stoke anti-vaccination sentiments and a threat to public order.

He cited Djokovic’s status as a “high-profile unvaccinated individual, who has indicated publicly that he is opposed to becoming vaccinated against Covid-19” and said he had “publicly expressed anti-vaccination sentiment”.