Federal Circuit Court judge Anthony Kelly has ordered the immediate release of tennis world no.1 Djokovic from immigration detention after overturning the federal government’s decision to cancel his visa.
His passport and personal effects are to be returned to him as soon as possible, Judge Kelly said.
Djokovic’s lawyer Nicholas Wood, SC, confirmed the tennis star was currently out of detention and physically with the legal team at a location that is still unconfirmed watching proceedings.
Immigration Minister Alex Hawke is considering whether to use his personal power under the Migration Act to cancel Novak Djokovic’s visa after a court ruled that he needs to released and is allowed to play in the Australian Open.
Judge Kelly told Mr Tan he appreciated the warning.
“I could have been something approaching incandescent if I had discovered that for the first time…this evening or the early hours of tomorrow,” Judge Kelly said.
Federal Circuit Court judge Anthony Kelly has ordered the immediate release of tennis world no.1 Novak Djokovic from immigration detention after overturning the federal government’s decision to cancel his visa.
But in the dying minutes of the hearing, the lawyer acting for the government, Christopher Tan, told the court that Mr Hawke will now consider whether to exercise his “personal power of cancellation” under section 133C(3). Sources confirmed that Mr Hawke now has four hours to decide whether to use the power, and it is under consideration.
If Mr Hawke uses the power, Djokovic could contest the cancellation. However, the power is extremely broad and discretionary, and it would be more difficult to argue against it.
Djokovic could be banned from re-entering Australia for three years if the personal power of the minister is used.
Judge Kelly told the hearing a short time ago the decision to cancel the temporary visa was to be quashed and the respondent, being the Minister for Home Affairs, to pay his costs and to take all necessary steps to release Djokovic from detention no later than 30 minutes after the order was made.
