Novak Djokovic can stay in Australia, Arbitration Rules

SYDNEY, Australia – Serbian tennis star Novak Djokovic has taken a step closer to competing for his record 21st Grand Slam title after an Australian judge ordered him to be released from the camp. immigration detention on Monday, the latest turn in a five-day story about his refusal to receive a Covid-19 vaccine.

Judge Anthony Kelly found that Djokovic was treated unfairly after he arrived at Melbourne airport for the Australian Open, where he was exempted from the competition with the condition of a vaccination waiver. Following Djokovic’s arrest, border authorities promised to let him speak to tournament organizers and his attorney early Thursday morning, only to cancel his visa before he could. opportunity.

However, the visa reinstatement does not guarantee that Djokovic will be able to compete for a 10th Open title when the tournament begins next Monday. In court, government lawyers warned that the immigration minister could still cancel his visa, which would result in a three-year automatic entry ban against him.

Djokovic, released from custody, signaled that he is planning to stay. On Monday, hours after his release, he posted a photo of himself on the field at Rod Laver Arena, the main court at the Australian Open, and said he was focused on defending his title in Tournaments.

“I am so happy and grateful that the judge rescinded my visa cancellation,” he wrote alongside the photo in the most widespread comments since his initial detention. “Despite everything that has happened this past week, I want to stay and try to compete at the Australian Open. I’m still focused on that.

“I flew here to play at one of the most important events we have had in front of these amazing fans. Right now, I can’t say more but THANK YOU for standing with me through all of this and encouraging me to stay strong. ”

Djokovic’s brother, Djordje, told a news conference in Serbia that the tennis champion had continued to prepare for the Australian Open by taking part in a practice session. He and other family members spoke from a table packed with microphones and Djokovic’s dozen tennis trophies, their remarks occasionally interrupted by applause from those present.

In their comments section, they praised the ruling, praised the judge who restored Djokovic’s visa and expressed confidence that the “truth” – at least as the family saw it – would prevail.

Meanwhile, in Melbourne, Djokovic’s supporters clashed with police during the protest. At one point, officers used pepper spray to disperse a crowd blocking a street.

Whatever happens next, the protracted conflict over the world’s top men’s tennis player appears to have crystallized in the moment as the pandemic approaches its third year and the coronavirus is circulating more widely than ever. The organization of international sporting events now includes the adjustment of ever-evolving public health and border security rules, including the management of vaccine mandates for athletes. athletes who consider themselves high priests of their body and sport.

Djokovic, 34, has repeatedly won on the tennis court when he seemed to have very few chances, as all greats should be. He has also experienced humiliating defeats, once because he was sent off after accidentally hitting the ball into the lineman’s throat in a fit of rage.

But Monday’s court victory was unlike anything he’s ever experienced. Instead of an opponent trying to hit his shot at a championship, it’s an overnight team of border officials, aided by an Australian prime minister trying to enforce the will of millions of workers. People in general don’t like “line jumpers” trying to follow the rules.

Australians have rushed to meet vaccine requirements, while enduring lockdowns and border closures. Many have little tolerance for a star notorious for preaching crappy science and who, in some people’s opinion, has been given special treatment by being exempt from vaccinations in the midst of the worst. of Australia with the virus.

Djokovic’s refusal to back down in difficult situations has served him well in a career where he has been matched by two contemporary tennis legends, Roger Federer and Rafael Nadal. In this case, it prompted him to keep fighting after officials ordered him to leave a country that has some of the strictest border enforcement policies in the world and with an election just days away. another month.

The move backfires at first, sending him through his days in isolation in an immigrant detention hotel and becoming part of the complicated legacy of one of the game’s greatest champions. play, a player feared rather than admired.

On several occasions, Djokovic has stated his opposition to vaccination mandates, saying vaccination is a private and personal decision. His initial approval to come to Australia was based on what his lawyer said was he got an infection in mid-December, which resulted in him being exempt from vaccination.

In court on Monday, they argued that the Australian government erred in rescinding Djokovic’s visa because of a vaccine request and denied him reasonable rights to contest their requests.

Kelly, the no-nonsense judge overseeing Djokovic’s appeal, appeared sympathetic from the start of Monday’s hearing. At one point, he scrutinized a transcript of the tennis player’s interaction with border officials at the airport, indicating that he had been “stricken with mania” since 4 a.m., when he obeys orders to turn off his cell phone.

According to the judge, authorities had promised to let Djokovic speak to his team and Tennis Australia at 8:30am, only to cancel his visa at 7:42am.

The judge noted that Djokovic’s visa application included a medical exemption for doctors, supported by an independent panel convened by the Victorian government, which included Melbourne.

“The point I’m a bit worried about is, what more can this man do?” Kelly said.

Federal government lawyers countered at the hearing that Djokovic could be denied entry if he poses a risk to public health. No visitor to Australia is guaranteed admission on arrival and all are subject to further border checks, the government argued in court filings, adding that Covid-19 infections in The past is no longer a valid reason to delay vaccination against the virus.

According to vaccine guidelines issued in December by the country’s health authority, travelers to Australia are expected to be vaccinated against Covid-19 after recovering from an “acute illness”. Severity”. The government argued that “the evidence is that the applicant has recovered.”

None of that was debated in public – the court adjourned for most of the afternoon, before returning with a settlement.

But it remains unclear when Djokovic actually fell ill. On December 16, the day he said he had tested positive, he appeared at a public event that was broadcast live. The next day, he appeared at an awards ceremony for junior players, where photos showed him without a mask.

What is clear is that, even for many Australians, who say the rules should be applied equally to everyone, they feel ashamed about the whole thing. Australia’s tournament attendance, and general international travel during the pandemic, has been marred by confusion, dysfunction and political scoring that creates a mix of incompetence and the chaos of Covid times.

“It’s a dog’s breakfast,” said Mary Crock, a law professor at the University of Sydney. “The rules are always changing, no one knows which rules apply, that’s the nature of this. You’ve got a huge conflict between immigration law, biosecurity law, state decision makers, and the federal government, and everything is in conflict. “

Communication between national health officials and Tennis Australia, and between Tennis Australia and the players, has revealed conflicting messages that have lasted for months and gone unresolved as a school fight. .

Federal officials wrote to Craig Tiley, the chief executive of Tennis Australia, in November to indicate that testing positive for the virus in the past six months would not be sufficient for automatic entry into the country. without vaccination.

But the letters leaked to Australian news agencies shows that an adviser to Australia’s federal chief medical officer has also told Tennis Australia that Victoria is responsible for assessing exemptions.

On 2 December, Brett Sutton, chief medical officer for Victoria, wrote to Tennis Australia: “Anyone with a recent history of Covid-19 (defined as within 6 months) and who can provide provide appropriate evidence of this history, is exempt from quarantine obligations upon arrival in Victoria. ”

Five days later, Tennis Australia delivered a message to the players.

Djokovic landed at Tullamarine Airport in Melbourne around 11:30pm on Wednesday. After nearly 10 hours of standstill at the airport, border officials said he would have to leave the country. His team filed a legal challenge to the ruling on Thursday. Djokovic was allowed to stay in Australia at a hotel for refugees.

At the time, his detention had become political. Australian leaders have a long history of winning elections with tough dialogue on border enforcement, despite the country’s harsh treatment of asylum seekers, and Prime Minister Scott Morrison followed a predictable scenario.

Facing a tough re-election campaign as the economy began to pick up due to increased time off work due to the Omicron outbreak and testing capacity shortages, he made the decision. cancel Djokovic’s visa, try to make that clear- cut case law and order.

“Rules are rules“, he said, adding, ‘Our government has strong form when it comes to securing our borders. “

Critics of Australia’s immigration policies say they are dismayed, but not surprised. The hotel where Djokovic stayed detained dozens of refugees, some of whom have been detained for nearly a decade.

“As a country, over time we have been very active in immigration enforcement,” said Steven Hamilton, a former Australian Department of Finance official who teaches economics at George Washington University. “People overseas should see this through that lens rather than as a measure of health. It has nothing to do with health.”

The prime minister’s office did not immediately respond to a request for comment, nor did Tennis Australia. Djokovic was without cameras during the hearing, but Judge Kelly insisted he be released within 30 minutes of the verdict at 5:16 p.m.

He warned government lawyers that another attempt to cancel Djokovic’s visa could be costly for Djokovic and others.

“Stocks have now gone up, not down,” he said. “I’m very worried.”

Yan Zhuang contributed reporting from Melbourne.