Australian government fails to try to delay Novak Djokovic visa court hearing by two days | Novak Djokovic

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The Federal Circuit Court rejected an attempt by the Morrison government to postpone the Novak Djokovic visa hearing by two days.

In an order published on Sunday, judge Anthony Kelly rejected a move that would have delayed the hearing until Wednesday – after the announced deadline for Tennis Australia to include the world number one in the Australian Open draw.

But legal experts cautioned that even with Monday’s hearing, there is no guarantee that Djokovic can obtain a court order to return his visa in time to play. The Serbian star may also face cancellation of his visa again for new reasons.

The Home Secretary, Karen Andrews, applied to the court to postpone the case, but the judge rejected it in an order issued on Saturday – although he left open the government’s option to try again after Djokovic filed opening notes at 10 a.m. on Monday.

If the current schedule continues in place, government attorneys will present oral arguments on Monday afternoon.

The court heard on Thursday that Tennis Australia said it would need to know if Djokovic could compete on Tuesday for scheduling purposes.

Kelly said at the time that he would try to persuade the parties to reach a decision but stressed that the court would not be in a hurry. “The tail won’t wobble the dog here,” he said.

The Australian government confirmed, on Sunday, that the Czech doubles specialist Renata Vorakova and the tennis official, both of whom traveled to attend the Australian Open, voluntarily left the country after canceling their visas.

The Minister of Health, Greg Hunt, told reporters that Border Force has now completed its investigation into Australian Open visas. He did not comment on the Djokovic case because the matter was before the court.

“Two other people have now left the country voluntarily,” Hunt said. “Anyone whose visa has been revoked is entitled to leave the country at any time, even while the trial is going on, but that is their business.”

Djokovic was given a medical exemption to compete at the Australian Open, but then broke Australian border rules – which require arrivals to be fully vaccinated unless they can demonstrate a valid exemption. He is currently in immigration detention at the Park Hotel in Melbourne.

The appeal in court by Djokovic seeks to argue that errors in the notice of intent to cancel his visa and in the decision of the representative of the Minister of the Interior mean that the visa must be returned.

Refugee lawyer and founder of Human Rights for All, Alison Pattison, said that if Djokovic won on Monday, the government should honor the court’s decision rather than “seek a wedge by finding another way to revoke his visa”.

“What we do know, however, regarding our dealings with the Department of Home Affairs is that this is not often the case,” she cautioned, citing three cases she won in federal court only until the minister found new reason to cancel. visa.

Bateson suggested it would be “extraordinary” if the court decided the case in time for the Australian Open deadline as it was hearing “a visa issue not a tennis issue” and other urgent cases that would take weeks – at least – to be resolved.

Bateson argued that Djokovic was going through the “brutal” manner in which Australia administers immigration appeals which was “stacked against” the detained applicant without obtaining documentation.

Former Deputy Secretary of the Immigration Department, Abu Razavi, said he would be surprised if the government canceled Djokovic’s visa again if the No. 1 player in the world succeeded on Monday.

“They have to find another reason,” he said, “otherwise it would be in contempt of court.”

Razavi said it was “possible” that Djokovic might not have a result by the deadline but “his lawyers will argue that he cannot be left in detention while the judge is considering it.”

A spokesman for Andrews told The Guardian Australia: “As the matter is before the court, it is not appropriate to comment at this time.”

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