Novak Djokovic to be set for Australian Open: Possible scenarios before his hearing

Djokovic wins

If Judge Anthony Kelly ruled in favor of Djokovic, he would reverse the revocation of his visa, making it valid again. It would be a sensational victory for vaccine-hostile Djokovic and a serious setback for the Australian government, which has been applying draconian border restrictions for around two years to fight Covid-19.

If this scenario materializes, the Serbian star’s lawyers have called for his “immediate release“no later than 5 p.m. Monday, in a 35-page document presented before the hearing. They also asked the judge to rule.”as soon as possible“, without waiting for the development of legal reasoning which they believe could be published later.

The Australian Open kicks off just seven days after Monday’s hearing. Novak Djokovic’s brother, however, told the Serbian media that he did not know if his eldest child would participate in the tournament if justice proved him right: “I think even Novak doesn’t know (it) right now because he is overwhelmed with emotions. I think tennis and the Grand Slam are last on his mind now“, said Djordje Djokovic.

Australia appeals

But the government will be sure to appeal such a decision, said Christopher Levingston, an immigration law specialist with more than 20 years of experience. And during the call, “Mr. Djokovic would remain in immigration detention“, he said in an analysis of the case.

Australian government wins

If the hearing proves the Australian government right, it is likely that it will seek to expel Djokovic from the country by the first available plane from Melbourne airport. Last Thursday, the judge ordered Home Secretary Karen Andrews not to deport Djokovic while his visa revocation proceedings are pending. This order expires Monday at 4 p.m.

Christopher Levingston said the government’s arguments were based on measures in immigration law which he said “will eventually fail Mr. Djokovic’s request“. Under this law, the Minister only has to demonstrate that the presence of the visa holder.”would, maybe or could be“A risk to the health, safety or good of Australians. But even if the government wins, the Serbian superstar could appeal.

Djokovic appeals

If the judge rejects Djokovic’s request, there could be a challenge. “If he loses he is very likely to appeal“, estimated John Findley, senior lawyer specializing in particular in migration issues. In this scenario, the player’s lawyers will have to argue that there was an error and probably point out an untested element of law, he said. -he adds.

But even if such an appeal is made, Djokovic will not be able to roam freely while the case is argued, according to Mr Levingston. Although the judge could allow an appeal, he could not order the government to grant a visa allowing Djokovic to be released from detention, the lawyer said.

Australia’s Home Secretary could grant such a visa, but is unlikely to do so, given the government’s position on the matter and the political impact of a decision to release him.