(CNN)World No. 1 Novak Djokovic was set to defend his men’s singles title at the Australian Open in Melbourne this month after a judge overturned the government’s decision to annul his visa and ordered his release.
After hours of deliberation, technical glitches and arguments from both sides, Judge Anthony Kelly ordered Djokovic released from a temporary hotel detention facility and his belongings returned within 30 minutes of Monday’s verdict.
Judge Kelly also ordered the defendant in the case – the Australian Home Office – to pay Djokovic’s legal fees.
After the decision, a government lawyer said the Australian Minister for Immigration reserved the right to personally intervene in the case. Christopher Tran, acting for the government, said Minister Alex Hawke retains ministerial power to remove Djokovic from the country despite the ruling.
After the hearing, Djokovic tweeted that he was “pleased and grateful” with the outcome. He said that “despite everything that has happened” he wants to stay in the country to “try to compete in the Australian Open”. He also thanked his supporters for standing by him and encouraging him to “stay strong.” He tweeted a photo that apparently shows himself and his coaching team on a pitch in Melbourne.
At a press conference in Belgrade, Serbia, his brother thanked the supporters. “Finally everything is ready and Novak is finally free. Novak was on the tennis court a little earlier, he trained a bit and that’s how he fights for himself – he plays tennis,” Djordje Djokovic said at the press conference.
“Novak did nothing wrong,” he added, saying he was thrilled that “the Australian legal system came through for Novak.”
However, Djordje cut short the press conference when asked about Djokovic’s positive Covid test on December 16 and his whereabouts in the days after.
Djordje confirmed Djokovic tested positive, and when a reporter asked if he was at an event on December 17, he stuttered and replied, “This press conference is adjourned.”
Novak’s father Srdjan Djokovic, seated next to his son, is heard telling Djordje ‘it’s for the court’ when the question is asked.
On December 16, the day he tested positive, Djokovic was photographed at three events where none of the other participants were masked. He was also photographed at a youth awards event the following day.
The Association of Tennis Professionals (ATP) called the series of events “harmful on all fronts” in the run-up to the hearing – also for the well-being of the athlete, as the association announced on Monday.
The earlier ruling, held via video link at the Australian Federal Circuit Court in Melbourne, comes after days of speculation and public anger over whether the tennis star could play at the Australian Open despite not being vaccinated against Covid-19.
The 34-year-old Serb flew to Australia on January 5 only to have his visa annulled after the Australian Border Force ruled his medical exemption from the requirement that all arrivals be fully vaccinated against Covid-19 was invalid.
Facing the deportation and his hopes of winning a record-breaking 21st Grand Slam, Djokovic launched a legal challenge.
During the hearing, Djokovic’s legal team argued he had obtained the necessary medical exemption to travel to Australia and circumvent Covid-19 vaccination restrictions. That exemption was granted on the grounds that Djokovic possessed natural immunity after contracting Covid-19 in December, his defense argued.
Djokovic, who had previously spoken out against Covid-19 vaccines and vaccination mandates, was unvaccinated when he arrived in Australia. In his verdict, the judge noted that if Djokovic had been deported, he would have been banned from Australia for three years.
The case has garnered worldwide attention, sparking anger from both its supporters and critics. Some say his case shows celebrities get special treatment when it comes to Australia’s tough Covid-19 rules, which have kept families apart for years, and others who believe coronavirus restrictions encroach on their civil liberties.
Djokovic’s situation has also highlighted the plight of asylum seekers in Australia – with dozens of refugees in the same hotel as Djokovic locked up for years and facing indefinite detention under Australia’s stringent immigration rules.
The arguments
The arguments for both defense and government essentially focused on guidelines issued by an advisory group for the federal government called the Australian Technical Advisory Group on Immunization (ATAGI).
Nick Wood, Senior Counsel representing Djokovic, argued that ATAGI’s advice states that previous Covid infection offers at least six months of natural protection – “and can therefore be viewed as a temporary exemption from vaccination”.
He said Djokovic understood he had received government approval to come to Australia and has repeatedly appealed to federal officials in Melbourne that “he had done absolutely everything he felt was required to enter Australia”.
“Any sane person would understand, and he understood, that he ticked absolutely every box,” Wood added.
Lawyers for Australia’s Home Secretary Karen Andrews defended the Australian Border Force’s decision to deport Djokovic, arguing the tennis star had given no medical reason why he could not be vaccinated against Covid-19.
The government said Djokovic was wrong in believing he was guaranteed entry and that a previous Covid infection did not constitute a valid medical reason why he could not be vaccinated.
They pointed to the same ATAGI guidelines, which state that while acknowledging natural protection, prior infection “is not a contraindication to vaccination” – meaning it is not a valid reason for someone not to receive the vaccine.
The government also argued that while these guidelines suggest people can temporarily postpone their vaccination following an acute illness, “there was no indication that Djokovic was seriously ill”.
“All he said is that he tested positive for Covid-19. It’s not the same,” the government said in its court filing.
Tran, the government lawyer, said the authorities had a low bar for canceling visas and that even the possibility of a risk to Australians’ health was reason enough.
However, Judge Anthony Kelly appeared to recognize Djokovic’s position and said he was “excited” by the burden placed on the tennis star to bring evidence to officials.
Djokovic had registered a Covid-19 infection in December – which two independent panels considered sufficient reason to delay Djokovic’s need for a vaccination.
“What more could this man have done?” said Judge Kelly.
What Djokovic plays for at the Australian Open
The visa debacle had threatened Djokovic’s chances of winning a record-breaking 21st Grand Slam at the Australian Open, which begins in Melbourne on January 17.
Djokovic currently holds 20 Grand Slam singles wins, equaling the all-time record with Spaniard Rafael Nadal and Swiss Roger Federer.
A win in Melbourne would see Djokovic break the record for most career grand slams ever held by a man.
It’s a very real possibility – Djokovic has previously won the Australian Open nine times.
Federer, 40, does not play in Melbourne and while Nadal, 35 is due to play, he has been plagued by injuries.
The pair have met 58 times with Djokovic leading by 30 wins to 28. Nadal, who won an Australian Open in 2009, is ranked No. 6 in the world.
CNN’s Hilary Whiteman, Hannah Ritchie and Angus Watson contributed coverage.
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