January 15 Djokovic Australia visa hearing news | CNN

January 15 Djokovic Australia visa hearing news

screengrab justin quill australian lawyer
Lawyer breaks down what Djokovic's team could do next
2:25 • Source: CNN
screengrab justin quill australian lawyer
2:25

Where things stand

  • NOW: An Australian court is hearing Novak Djokovic’s case to stay in the country.
  • Australia’s immigration minister revoked the unvaccinated tennis champion’s visa for a second time Friday, saying his presence in Australia could lead to an “increase in anti-vaccination sentiment” and even incite “civil unrest.”
  • Djokovic arrived in Melbourne nearly two weeks ago and promptly had his visa canceled for entering without a valid exemption for Australia’s vaccination requirement for all arrivals. A judge ruled Monday he should be allowed to stay.

Our live coverage has moved. You can follow the latest here.

Updates

(25)

Djokovic scheduled to play Monday night -- although it's unclear if he'll be able to compete

Serb tennis player Miomir Kecmanovic will face Novak Djokovic in the first round.

While judges deliberate on whether Novak Djokovic will be allowed to stay in the country, the Australian Open has released its schedule for the first day of the tournament.

Top seed Djokovic is scheduled to take on fellow Serb Miomir Kecmanovic during the final match at Rod Laver Arena in Melbourne on Monday night.

But with judges still deciding whether to overturn the immigration minister’s decision to revoke his visa, it’s unclear whether Djokovic will be able to make that match.

The schedule was released Sunday afternoon local time, despite the unfinished court proceedings.

Judges are hoping to return a decision late Sunday, though they say the case may need to be relisted for hearing on Monday.

Court adjourns as judges consider Djokovic's fate

Chief Justice James Allsop has adjourned the court session so he and two other judges can consider the arguments made during Sunday’s hearing.

Justice Allsop said he hoped to be able to return a decision Sunday although there was a possibility they could need to schedule another hearing Monday morning.

Novak Djokovic, the world’s No. 1 tennis player, is seeking a court order to reinstate his visa so he can contest the Australian Open which kicks off Monday.

"Rightly or wrongly" Djokovic is perceived as endorsing anti-vaccination views, says government lawyer

“Rightly or wrongly” tennis star Novak Djokovic is perceived as endorsing anti-vaccination views – and his presence in Australia could influence people, said lawyer Stephen Lloyd, who is acting for the government.

Lloyd said it was “common sense and uncontroversial” to assume that people would listen to Djokovic’s views, given what we know about the power of celebrity.

According to Lloyd, Immigration Minister Alex Hawke doesn’t need to show evidence that Djokovic is influencing people’s views to cancel his visa – just that there’s a risk that he might.

He said Hawke made the decision to cancel Djokovic’s visa in accordance with the Australia’s Migration Act that enables the minister to bar someone who “may” or “might” pose a risk to public health.

Australia's immigration minister was "well aware" of how anti-vaxxers could respond to Djokovic's visa cancelation, barrister argues

Australia’s Immigration Minister Alex Hawke was “well aware” of how anti-vaccination groups could respond to the decision to cancel Novak Djokovic’s visa, according to lawyer Stephen Lloyd, who is representing Hawke.

Before the break, Djokovic’s lawyers claimed that the minister had failed to consider the consequences of canceling Novak Djokovic’s visa – and said it was possible that ejecting Djokovic will serve to galvanize anti-vaxxers against the government.

But Lloyd responded to that ground of appeal, saying:

He then went on to discuss the other grounds of Djokovic’s case against the government.

Novak Djokovic's court hearing resumes

A Federal Court hearing to decide if Novak Djokovic’s visa should be reinstated for a second time has resumed after a one-hour break.

Three judges are hearing the matter – Chief Justice James Allsop, Justice Anthony Besanko and Justice David O’Callaghan

Stephen Lloyd, acting for Immigration Minister Alex Hawke, has just started speaking.

A decision is expected Sunday local time.

If you're just joining us, here's what you need to know

Serbian tennis star Novak Djokovic is fighting against the Australian government’s decision to cancel his visa.

Before the Federal Court broke for lunch, lawyers for both sides were given the opportunity to state their arguments as to why Djokovic’s visa should – and should not – be canceled.

If you’re just catching up, here’s what’s happening.

Why are Djokovic’s lawyers in court? The top-ranked men’s tennis player is trying to overturn a decision Friday to cancel his visa. He wants to compete in the Australian Open, which kicks off Monday – and hopefully win a record-breaking 21st grand slam title.

What are his lawyers arguing? Djokovic’s lawyer Nick Wood laid out three grounds why Immigration Minister Alex Hawke had made a jurisdictional error.

Wood focused on the first ground, arguing that the minister failed to consider the consequences of canceling Djokovic’s visa. He said it was possible that ejecting Djokovic will serve to galvanize anti-vaxxers against the government – exactly what the government says it’s trying to avoid.

The other two grounds are that it was not open to the minister to be satisfied the presence of Djokovic “is or may be” a relevant risk, and that the decision to bar him on his “stance on vaccination” was unreasonable or irrational.

What about the government? But Stephen Lloyd, acting for Hawke, said Djokovic’s visa cancelation wasn’t only about his potential to ignite protests among anti-vaxxers.

He said Djokovic had shown little regard for Covid-19 restrictions by ignoring a positive Covid-19 test and failing to wear a mask during a photoshoot. Lloyd said that could threaten public health by encouraging others to ignore health directions.

Where is Djokovic? Early Sunday morning, Djokovic was driven from the Park Hotel in Melbourne, where he is being held in immigration detention, to his lawyers’ office to watch the proceedings.

For a short time, two Djokovic fans stood outside the office building, showing their support for the star and watching the hearing on a mobile phone.

What happens next? A decision is expected to be made today about whether the world’s No. 1 tennis play will contest the Australian Open – or if the visa cancelation stands and he needs to leave the country.

Djokovic's court hearing is adjourned for one hour

The court hearing Novak Djokovic’s case against Australian Immigration Minister Alex Hawke has adjourned for an hour until 1:30 p.m. AEDT (9:30 p.m. ET).

Before the break, lawyer Stephen Lloyd, acting for Hawke, estimated it would take him another hour to finish arguing the government’s case.

Three judges are hearing Djokovic’s appeal against Hawke’s decision to cancel the tennis star’s visa. They hope to make a decision Sunday before the Australian Open tennis tournament kicks off Monday.

Djokovic’s lawyers have already laid out their arguments, which center on the government’s failure to consider the consequences of the cancelation. They argue that Djokovic’s removal from the country could galvanize anti-vax campaigners, which is exactly what the government’s decision had intended to avoid.

Star's "apparent disregard" for Covid rules could influence others, government lawyers say

A lawyer representing Australia’s immigration minister told the court that Novak Djokovic’s anti-vaccine views go beyond his failure to be vaccinated.

Stephen Lloyd pointed to the Serbian tennis player’s admission that he hadn’t isolated after testing positive on December 16.

In a social media post on Wednesday, Djokovic admitted he had attended a media interview and photoshoot when he knew he was ill. During the interview, the player wore a face mask but took it off for photos.

Lloyd said Djokovic’s attendance at the interview and his decision to remove his mask showed that he didn’t respect Covid-19 control measures.

Furthermore, Lloyd said Djovokic’s status as a sports star means his actions are more likely to influence others.

Djokovic had plenty of opportunities to get vaccinated, government lawyers say

Novak Djokovic had the option of getting vaccinated before he was infected with Covid-19 in December, a lawyer representing Australia’s Immigration Minister told the court Sunday.

After arriving in Australia on January 5, the Serbian star told Australian Border Force agents he had tested positive for the virus on December 16 – and said that he wasn’t vaccinated against Covid-19.

Stephen Lloyd, a lawyer for Immigration Minister Alex Hawke, told the court vaccines were available before Djokovic tested positive for Covid-19 in December – and no reason was given why Djokovic couldn’t have been vaccinated.

He said that suggested Djokovic wasn’t inclined to be vaccinated, demonstrating his anti-vaccine stance.

Earlier in the hearing, Djokovic’s lawyers pointed to an article published on January 6 which stated Djokovic expressed opposition to vaccinations in April 2020.

Djokovic’s lawyers argued the comments were made before vaccines were even available, and the article also quotes the players as saying he would keep an “open mind”.

But Lloyd referred to that same article, saying it doesn’t discount the government’s argument: “We say if anything it strengthens it.”

He added the article showed Djokovic was opposed to Covid-19 vaccines even before they were available.

Djokovic's lawyers have wrapped up their case. Now it's the government's turn

Novak Djokovic's lawyer Nick Wood last week in Melbourne, Australia.

Novak Djokovic’s legal team has finished their oral arguments in a hearing over the tennis star’s visa cancellation. 

For just over two hours, barrister

Nick Wood submitted Djokovic’s arguments to stay in Australia in front of a full bench at Australia’s Federal Court. 

The world men’s tennis No.1 is appealing a decision by Immigration Minister Alex Hawke to cancel his visa for a second time, on grounds of good order and public safety. 

The hearing is being broadcast live on the court’s official YouTube channel to an audience of almost 90,000 people.

Minster Hawke’s legal team will now present their arguments to the court, led by Stephen Lloyd.  

"It is irrational and unreasonable to only look at one side of the coin," Djokovic's lawyer argues

Serbian tennis player Novak Djokovic is photographed as he is transported from an Immigration Hotel in Melbourne, Sunday, January 16, 2022

Novak Djokovic’s lawyer Nick Wood told the court it is “somewhat perverse to adopt such a narrow lens” when evaluating the potential for the tennis star to galvanize anti-vaxxers.

Wood conceded he had spent some time arguing the first grounds for their appeal, which is “the failure to consider the consequences of cancellation.”

He said grounds two and three would take less time.

As a reminder: Ground two is that “it was not open to the Minister to be satisfied the presence of Mr Djokovic ‘is or may be’ a relevant risk” to public health.

And ground three is that canceling his visa was an unreasonable or irrational reaction to his “stance on vaccination.”

On the latter point, in court documents, Djokovic’s lawyers say there was no evidence before the minister that their client has said anything about vaccines since April 2020.

“Rather, if anything, he has been scrupulously private,” the document added.

Anti-vax protests are directed at coercive action by the state, Djokovic's lawyer argues

Novak Djokovic’s lawyer Nick Wood told the court anti-vaccination protests had been directed at state government measures designed to slow the spread of Covid-19.

Last year, thousands of people took to the streets in major Australian cities to protest against Covid-19 restrictions imposed by state and federal governments.

Some of the largest protests were held in Melbourne last November, where around 10,000 people took part in a freedom rally against vaccines and the Victorian Premier Daniel Andrews’ attempts to extend the state’s powers in a health emergency.

Djokovic did not foster an “anti-vax” sentiment when playing other recent tennis tournaments, Wood argued, pointing to recent grand slams and other tournaments contested by the Serbian star.

Documents submitted to the court said:

Djokovic's lawyers attack government's use of a news article to build their case

Novak Djokovic’s lawyer Nick Wood argued many of the documents filed by the immigration minister Alex Hawke to support his decision are irrelevant.

He said the evidence provided by Djokovic on his arrival to Australia was “by the by” as the minister had accepted that the posed a negligible risk of not infecting others with Covid-19.

“Instead, he erected an entirely different rationale, never hitherto shadowed as to the basis upon which the minister said that my client may be a risk to the health and good order of the Australian community … the prospect of fostering anti-vaccine sentiment by his mere presence in this country.”

Wood says the government built its argument on a news article published after the first visa cancellation that quoted Djokovic as saying he was “opposed to vaccination” in April 2020, before Covid-19 vaccines were available.

Wood added that the minister had conceded he hadn’t asked Djokovic about his views on vaccination.

He said the only evidence before the minister that tied Djokovic to anti-vax groups was that news report. Wood quoted a line from the report, which said:

Wood argued that the government’s decision to cancel Djokovic’s for a second time would do the same thing the government is trying to avoid — that is, galvanize anti-vaxxers behind Djokovic as a “hero” of the movement.

Judge hearing Djokovic case urges lawyers to move quickly 

People gather outside the Federal Court of Australia in Melbourne, on Sunday.

The judge presiding over Novak Djokovic’s visa cancellation appeal in Australia’s Federal Court Sunday urged lawyers from each side to move through their oral arguments as quickly as possible. 

In his opening remarks, Chief Justice James Allsop acknowledged the Australian Open, beginning Monday, as the entire reason for Djokovic obtaining his original visa to travel to Australia.

Djokovic’s counsel Nicholas Wood began his oral argument around 9:45 a.m. local time Sunday, which is 5:45 p.m. ET on Saturday. Judge Allsop said he hoped to have heard from both sides “before lunchtime.”

“We should be able to finish this by lunchtime, if that’s not possible it’s not possible,” Judge Allsop said. 

Djokovic's federal court hearing has begun

The Federal Court of Australia has started hearing tennis superstar Novak Djokovic’s challenge to immigration minister Alex Hawke’s decision to cancel his visa on health grounds.

Three judges will consider the matter and hope to finalize the matter within one day before the Australian Open starts in Melbourne on Monday morning.

Djokovic’s barrister Nick Wood is first up to argue the case why the decision was wrong.

According to submissions, lawyers for the Serbian tennis player are arguing their case on three grounds:

  • Ground 1 — failure to consider the consequences of cancellation
  • Ground 2 — not open to the Minister to be satisfied the presence of Mr Djokovic “is or may be” a relevant risk
  • Ground 3 — unreasonableness and/or irrationality in regard to finding concerning Mr Djokovic’s “stance on vaccination” etc.

Djokovic arrives at his lawyer's office ahead of his visa court hearing

Tennis player Novak Djokovic leaves his hotel to meet with his legal team in Melbourne, Australia, on Sunday.

Novak Djokovic has arrived at his lawyer’s office ahead of a court hearing where he will appeal the cancellation of his Australian visa.

The hearing is being held virtually and Djokovic is expected to watch proceedings from the law offices.

The hearing will start at 9:30 a.m. local time Sunday (which is 5:30 p.m. ET Saturday). It will be streamed on the Federal Court of Australia’s YouTube channel. 

Djokovic case to be heard in front of full bench in Federal Court 

World men’s tennis No.1 Novak Djokovic’s visa cancellation case will be heard by a Full Court in the Federal Court of Australia. 

A full court refers to cases where three or more judges sit together in the Federal Court to hear an appeal. 

“This matter will be heard by a Full Court of the Federal Court of Australia comprised of Chief Justice James Allsop, Justice Anthony Besanko and Justice David O’Callaghan,” the court said Saturday. 

The remote hearing is scheduled to take place at 9:30 a.m. Melbourne time Sunday (5:30 p.m. ET Saturday).

Both sides in the case will file their online submissions to the court by 10 p.m. Saturday (6 a.m. ET).

This post has been updated to correct the time in the US that both sides will file their online submissions to the court. They will do so at 6 a.m. ET.

Djokovic returned to Park Hotel detention facility as protesters gather to demand his release

Protesters demonstrate outside Melbourne Park after Novak Djokovic returned to an immigration detention hotel in Melbourne on Saturday.

Novak Djokovic has returned to the Park Hotel detention facility in Melbourne, according to CNN affiliate Nine News. 

The men’s world No. 1 was seen in a white van arriving at the hotel, which is also being used as a detention facility for refugees, after he departed his lawyers’ office on Saturday afternoon. 

On Saturday morning, Djokovic was detained by Australian border authorities, per a court-ordered arrangement decided Friday, after his visa was revoked for the second time by Australia’s immigration minister, Alex Hawke.

He was once again placed in pre-immigration detention, as required under Australian law.

A range of protesters have gathered outside the Park Hotel. Some supporting Djokovic and calling for his release, others speaking out against Australia’s detention system.

During his first round of detention in the hotel, Djokovic had requested to be moved to a “more suitable place of detention that would enable him to train,” according to court documents published January 8.

Djokovic’s appeal hearing for the second cancellation of his visa is expected to take place on Sunday morning at 9:30 am Australia time, CNN affiliate Nine News reported, citing one of the tennis star’s lawyers, Paul Holdenson.

World No. 2 Daniil Medvedev on Djokovic: "If Novak is in the draw, I can only see him in the final"

Tennis player Daniil Medvedev.

World No. 2 Daniil Medvedev of Russia spoiled Novak Djokovic’s quest of winning a calendar grand slam in 2021 (winning all four majors in the same calendar year), when the Russian won the US Open final against the Serb in straight sets. It was Medvedev’s first major title.

If Djokovic gets to play in this year’s Australian Open, will the two meet again? If they do, it would be in the final. Medvedev lost to Djokovic in last year’s Australian Open final.

When asked about Djokovic’s visa situation, Medvedev said they are in Australia and should follow the country’s rules.

Van believed to be carrying Djokovic leaves his lawyers' offices

Novak Djokovic inside a vehicle as he arrives at the Park Hotel. 

A white van believed to be carrying Novak Djokovic left his lawyers’ offices in Melbourne on Saturday afternoon.

The men’s world No. 1 was detained by Australian border authorities on Saturday morning, in accordance with a court-ordered arrangement decided Friday after his visa was revoked for the second time by Australia’s immigration minister, Alex Hawke.

Djokovic now will spend Saturday night in pre-immigration detention before facing a federal court hearing Sunday morning, Australia time, in a last ditch attempt to overturn the ruling.

In justifying his decision to cancel the tennis champion’s visa, Hawke said Djokovic’s ongoing presence in Australia could lead to an “increase in anti-vaccination sentiment” or even “civil unrest,” court filings show.

The Australian government agreed not to deport Djokovic over the weekend before his case has concluded.

READ MORE

READ MORE