Djokovic wins trial to stay in Australia without vaccine

Serbian tennis player Novak Djokovic, 34, won a court victory this Monday (10) in his attempt to remain in Australia even without proof of vaccination against Covid-19.

Australian Court Justice Anthony Kelly closed the case after the government withdrew the decision to revoke the tennis player’s entry visa. He ordered the athlete’s immediate release.

However, a lawyer warned that the Australian government could still order Djokovic’s expulsion from Australia.

Faced with a possible defeat for the Australian government, lawyer Christopher Tran informed the judge that Immigration Minister Alex Hawke could intervene with executive powers.

“I was informed that (the minister) will consider whether he will exercise his personal power of termination,” said the lawyer.

The athlete tries to stay in the country to be able to play the Australian Open, which starts on the 17th.

The hearing began at 8:40 pm on Sunday (Brasília time; Monday morning in Australia) and was presided over by Federal Judge Anthony Kelly. The session was done remotely and started with a delay of 40 minutes because the internet system went down due to the large number of people who entered to follow the process

Before the decision, the Australian government promised to keep the athlete detained in a quarantine hotel located in the Australian city of Melbourne. The Serb was barred from entering the country and has been housed there since Thursday morning (6). Only authorized persons could enter or leave the facility.

Earlier, the Australian government had indicated that the athlete’s appeal would be rejected. Prosecutors wrote in a 13-page document that it is a matter of mutual understanding between the parties that Djokovic “is not vaccinated”. Proof of immunization is a health requirement for access to the country.

The tennis player, known for being skeptical about vaccines, never revealed his Covid-19 vaccination status.

This Sunday, anti-vaccination protesters and Djokovic fans gathered in front of the hotel where the tennis player is being held to express support for the athlete. The site has also been the scene of protests against the presence of the Serb in the country.

In Belgrade, the capital of Serbia, the athlete’s mother, Dijana Djokovic, protested against the detention and said her son was in “inhumane conditions”. “They detained him and didn’t even give him breakfast,” he said.

Earlier, Serbian Prime Minister Ana Brnabić said the country would support the tennis player and that she had “constructive talks” with Australian Chancellor Marise Payne.

“We managed to get him gluten-free food, fitness equipment and a computer,” Brnabić told a Serbian television channel.

The world’s number one tennis player, Djokovic is the reigning Australian Open champion and is aiming for his 21st Grand Slam title to isolate himself as the biggest winner — he is currently tied with Rafael Nadal and Roger Federer.

On Saturday (8), lawyers for the tennis player presented a document in a court stating that the athlete obtained an exemption to not be vaccinated against Covid-19 for having received a positive result for the virus in a test in December.

They pointed out that Djokovic’s PCR test came back positive on the 16th of last month, which would meet the criteria to exempt him from the Covid-19 vaccine. Despite the contagion, Djokovic attended two public events in Belgrade without a mask that same day and the day after.

According to the tennis player’s lawyers, Tennis Australia (the Australian Federation, organizer of the Australian Open) granted him an exemption from participating in the tournament after his application was approved by two independent medical committees.

The Australian government, however, claims that Djokovic was never guaranteed access to Australia without the Covid vaccination. The entry of foreigners to the country is prohibited, with few exceptions. Travelers who obtain a visa must have a full Covid-19 vaccination course or a sick leave.

The Australian government even tried to postpone this Sunday’s hearing, but the request was denied by the Justice, as the action would make the trial take place after the deadline for confirming the athlete’s participation in the Australian Open.

Another tennis player who intended to compete in the competition, the Czech Renata Voracova was also barred from trying to enter Australia and had her visa cancelled. Like Djokovic, she did not provide proof of vaccination.

Australia has tightened restrictions in an attempt to stem a wave of infections related to the omicron variant. In the state of Victoria alone, where Melbourne is located, 44,155 new cases were recorded this Sunday.