(CNN)A request by the Australian government to postpone Novak Djokovic’s hearing by two days was denied, according to court documents released on Sunday.
Djokovic is locked up in a temporary detention facility in Melbourne as he files a legal challenge to having his visa annulled ahead of the Australian Open this month.
Karen Andrews, Australia’s home secretary, tabled a motion on Saturday asking “that the final hearing be postponed to Wednesday 12 January 2022” – five days before the start of the tournament.
No reasons were given for the adjournment request, but it came just hours after Djokovic’s legal team filed a 35-page document setting out the player’s defense of the decision to cancel his temporary visa.
As part of that defense, it emerged that Djokovic was granted a TUE ahead of the Australian Open as he recently recovered from Covid-19.
In a December 7 letter leaked to journalists last week, which cannot be independently verified by CNN, Australian Open organizers appear to have misinformed unvaccinated players that they could travel to Australia to compete in the tournament.
Court documents released on Saturday confirmed Djokovic – who had previously spoken out against Covid-19 vaccines and vaccination mandates – was unvaccinated when he arrived in Australia on January 5.
His visa hearing is now scheduled to take place on Monday at 10am local time (Sunday 6pm ET) with a decision on whether he can remain in Australia and compete in the tournament, which is expected at 4pm (12pm ET).
If the court confirms his visa annulment, Djokovic will be deported as soon as appropriate travel arrangements can be made.
Tennis Australia CEO Craig Tiley said it was “conflicting information” that led to exemptions being granted to unvaccinated players ahead of the Australian Open.
In an interview with CNN affiliate 9 News on Sunday, Tiley refused to blame any party. He said Tennis Australia had communicated with the Australian Home Office “every week” and all parties concerned were operating in a “very challenging environment”.
Tiley added that he would love to see Djokovic play at the Australian Open. The world No. 1 is hoping to win his 10th Australian Open title and 21st Grand Slam title in Melbourne this month.
Djokovic’s detention at the Park Hotel, an alternative place of detention for refugees and asylum-seekers, has drawn significant attention since Thursday; Supporters have gathered outside calling for his release, while others have highlighted the plight of the 30 or so refugees who are also being held at the hotel.
Back in Djokovic’s native Serbia, his parents have staged protests over the conditions they say their son is being subjected to as a “prisoner” at the hotel – a claim Andrews denied earlier this week.
“He’s free to leave anytime, and Border Force will actually facilitate that,” Andrews told ABC on Friday.
In an interview with Serbian national TV channel RTV Pink on Saturday, the country’s Prime Minister Ana Brnabic said Djokovic will be given “gluten-free meals, exercise equipment and a laptop” while he remains in detention.
According to court documents released on Saturday, Djokovic has repeatedly asked to be transferred to a “more appropriate place of detention that would allow him to train” ahead of the Australian Open.
Brnabic said she spoke to Australian Foreign Minister Marise Payne but was unable to overturn the decision to keep Djokovic at the Park Hotel while he awaits the outcome of his legal case.
“He’s still at the Park Hotel but I hope we’ve made his stay a little more bearable with the concessions we got for him,” she said.
Josh Pennington contributed coverage.
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