MY ACCOUNT
Novak Djokovic’s Australian Open fate will be determined on Sunday although it remains to be decided if it will be in front of a full court or single judge.
Saturday’s hearing was procedural with Justice David O’Callaghan transferring the matter to the Federal Court of Australia as agreed by both parties’ lawyers for a 9:30am AEDT start.
The hearing was adjourned with the only contention that Djokovic’s lawyers are in favour of the case being held before more than one judge, meaning no appeal to the full bench is possible.
Stephen Lloyd, who was appearing on behalf of the Minister for Immigration and Citizenship, did not agree, with the court expected to make a decision later on Saturday.
“We say there isn’t a justification for stepping out of the ordinary,” Lloyd told the court.
Djokovic’s lawyers have a midday AEDT deadline to file their submissions, with the Minister for Immigration and Citizenship’s lawyers having until 10pm AEDT to submit their written response ahead of Sunday’s hearing.
The nine-time Australian Open champion’s visa was revoked for a second time on Friday despite Djokovic winning his initial case on Monday.
The Serbian world number one is fighting the decision, and lawyer Nick Wood, on behalf of Djokovic, contended in a directions hearing on Friday evening that the “underlying new rationale” behind the Australian government’s latest move to kick out the Serbian is that it contends his presence “will excite anti-vax sentiment”.
Wood said immigration minister Alex Hawke had given no consideration to the impact that deporting Djokovic may have among those opposed to COVID-19 vaccines, saying his client was of “negligible risk”, “of good standing” and had a medical contraindication to a vaccine.
In a statement released on Friday, Hawke said the decision had been taken “on health and good order grounds, on the basis that it was in the public interest to do so”.
The Australian Open is due to commence on Monday where Djokovic was aiming for his 10th Melbourne slam. Djokovic was also hoping to challenge for a record-breaking 21st major title.
Djokovic is scheduled to face countryman Miomir Kecmanovic in the first round in Melbourne on Monday.
