Djokovic allowed to stay in Australia, for now, but could have visa cancelled again

FILE PHOTO: Tennis – ATP Masters 1000 – Paris Masters – Accor Arena, Paris, France – November 6, 2021 Serbia’s Novak Djokovic celebrates after winning his semi-final match against Poland’s Hubert Hurkacz REUTERS/Christian Hartmann/File Photo/File Photo

The saga over Novak Djokovic’s visa issues and his status for the upcoming Australian Open took another strange twist over the weekend.

On Monday, the world’s top-ranked tennis player won a court battle to stay in Australia and play in the year’s first tennis Grand Slam tournament, even though he is not vaccinated against COVID-19.

Federal Circuit Court Judge Anthony Kelly had Djokovic’s visa reinstated, after it was cancelled by the Australian government because he didn’t meet the necessary requirements for a medical exemption.

All non-citizens of Australia are required to be fully vaccinated to enter the country. Djokovic was also ordered to be released from a Melbourne quarantine hotel where he has been staying since arriving at Melbourne’s Tullamarine Airport since late Wednesday.

But Djokovic shouldn’t unpack his tennis bags just yet, as he could still face deportation yet again.

The minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alex Hawke could still exercise a personal power of cancellation, according to government lawyer Christopher Tran.

A government spokesman said, “It remains within Immigration Minister Hawke’s discretion to consider canceling Mr. Djokovic’s visa under his personal power of cancellation within section 133C(3) of the Migration Act.”

“The Minister is currently considering the matter and the process remains ongoing.”

If Djokovic is removed upon a personal exercise of cancellation power by Hawke, he would be banned from entering Australia for three years.

Djokovic’s argument for not being vaccinated against COVID-19 is that he was infected with the virus last month. A temporary exemption for the vaccination rule can be provided to someone who’s been infected within the past six months.

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Former Australian Open champion and main rival to Djokovic, Rafael Nadal believes Djokovic should be allowed to play

“Beyond me agreeing or not with him on certain things, there’s no question justice has spoken and he has the right to take part in the Australian Open,” Nadal told Spain’s Onda Cero radio.

The Australian Open is set to begin in one week on January 17. Djokovic is the defending champion and has won the event a record nine times.