London Daily

Focus on the big picture.
Sunday, Sep 20, 2026

The twists and turns in Novak Djokovic's farcical court hearing

The twists and turns in Novak Djokovic's farcical court hearing

Judge asked 'What more could this man have done?' and ordered immediate release of detained tennis star
The Australian government is considering whether to cancel Novak Djokovic’s visa for a second time, even after a federal judge decided that he should be allowed to remain in the country and compete for a record-extending 10th title at Melbourne Park.

Despite Judge Anthony Kelly finding in the world No1’s favour, dismissing calls for Djokovic’s deportation and stating that he could not have done any more to demonstrate his right to enter the country as an unvaccinated foreign national, Alex Hawke, Australia’s immigration minister, confirmed he retained discretionary powers to throw him out regardless.

The late twist provoked wild anger on the streets of Melbourne, as hundreds of Djokovic’s supporters waved Serbian flags and hurled vitriol at police officers, who used pepper spray to try to disperse the crowds.

The verdict by federal judge Anthony Kelly was unambiguous, declaring that the revoking of Djokovic’s visa after eight hours’ interrogation at Melbourne Airport was unreasonable and that he had to be released from his detention facility immediately. He said the tennis star had not been given enough time to arrange legal representation to defend himself against the original decision to cancel his visa.

The move marked a stunning embarrassment for the Australian government, who had sought to use this case as proof that nobody was too rich or too privileged to bypass the nation’s uncompromising Covid-19 vaccination rules.

After 3½ hours’ debate at the Federal Circuit Court in Melbourne, interrupted by several adjournments, the end came quickly. At 5.16pm local time, long after courts usually sit in this city, the judge quashed the initial visa ruling by Australian Border Force and demanded that Djokovic be freed from detention within 30 minutes.

And yet for all Djokovic’s relief at the verdict, his ordeal in the Australian court system was not at an end. “Following today’s Federal Circuit and Family Court determination on a procedural ground, it remains within the minister’s discretion to cancel Mr Djokovic’s visa under his personal power of cancellation within section 133C(3) of the Migration Act,” said a spokesperson for Mr Hawke. “The minister is currently considering the matter and the process remains ongoing.”

The resolve of Scott Morrison’s government to make an example of Djokovic, whose grounds for a medical exemption they regard as spurious, was evident when Christopher Tran, the lawyer acting on their behalf, signalled that the immigration minister could “consider whether to exercise the personal power of cancellation” over his right to stay. Sure enough, Mr Hawke’s office indicated that they were not letting the matter lie.

The stand-off between Djokovic and an Australian administration campaigning for re-election in four months’ time has become a high-wire political game. On the one hand, Morrison has significant reputational capital invested in the Serb’s case, having used it as symbolic of Australia’s unbending restrictions at the border. “Rules are rules,” as he put it, before Judge Kelly’s intervention left those rules in doubt. But on the other hand, the prime minister risks looking vindictive if he continues to pursue other avenues for ejecting Djokovic from the country.

Judge Kelly was satisfied that Djokovic had provided all possible evidence to illustrate his exemption from the vaccination requirements. “The point I am somewhat agitated about is what more could this man have done?” he asked. “Here, a professor and an eminently qualified physician have produced and provided to the applicant a medical exemption. Further to this, the exemption and its basis were further given by an independent expert specialist panel established by the Victorian state government.”

With the hearing also plagued by technical difficulties for those trying to dial in remotely, the judge demanded that Djokovic be transferred out of the Park Hotel in Carlton – a detention facility usually reserved for refugees and asylum-seekers – so that he could follow the rapid developments in his case.

Ultimately, the judge deemed the cancellation of Djokovic’s visa “unreasonable” as he had been told, at 5.20am on January 6, that he could have until 8.30am to respond to officials. Djokovic, who was incommunicado throughout his cross-examination at Melbourne Airport, had pleaded: “If you will let me talk to people, even though you have taken my phone from me, I will get you what you want.”

Instead, the call to revoke the visa was made before that deadline, at 7.42am, depriving Djokovic of the time that he could have used to “consult others” and make further representations. Paul Wood, Djokovic’s barrister, told the court: “What emerges with the utmost clarity from a transcript of Mr Djokovic’s interviews at the airport was a repeated appeal to officers that he had done absolutely everything he understood was required of him to enter Australia.”

His four days since, holed up at a grimy hotel with little contact to the outside world, have been draining even for a player conditioned to grappling for adversity. At one stage he asked whether he could be moved to more salubrious accommodation, or whether his private chef could provide him with vegan meals, but these requests were denied. Only when the judge’s ruling came through could he begin preparing to move to his usual quarters in Melbourne’s inner south-east.

For now at least, Djokovic, not to mention the hundreds of Serb supporters who have been protesting in the centre of Melbourne, can toast a victory against what they perceive as an oppressive Australian system. In the tumultuous career of Djokovic, it marks just one more trial of strength that has been won. But it could be Morrison, who has an election to win and a courtroom humiliation to explain, who has the final say.
Newsletter

Related Articles

0:00
0:00
Close
Addison Lee Founder Loses £20 Million UK Tax Tribunal Case
BrewDog Creditors Face Losses on About £190 Million of Debt
Harrods Seeks to Recover Abuse Compensation Costs From Mohamed Al Fayed’s Estate
Ed Davey Targets Reform UK as Liberal Democrat Conference Opens
Great Britain Retail Sales Rise 0.5% in August
NHS England Approves Life-Extending Treatment for Incurable Breast Cancer
Proposals to Limit NHS ADHD Diagnoses Draw Criticism From Patient Groups
Resolution Foundation Warns of Housing Cost Crunch for Low-Income UK Families
BBC Cash Reserves Fall to Decade Low as Annual Deficit Reaches £121 Million
Millisecond Software Error Triggered Major UK Air Traffic Control Disruption
Twenty Women Underwent Unnecessary Mastectomies During NHS Cancer Care
Sensitive UK Police Data Found Vulnerable to Access by Foreign Actors
British Steel Faces Renewed Pressure for a Long-Term Financial Plan
MPs Urge Government to End Thames Water Restructuring Talks With U.S. Hedge Funds
Andy Burnham Warns of Difficult UK Budget Choices as Inflation Returns to 3.1%
England Tightens School Food Standards With Restrictions on Deep-Fried and High-Sugar Foods
Oxfordshire Village Votes Symbolically to Leave UK Over Proposed Asylum Centre
Michael Marra Elected Leader of Scottish Labour
BBC Cash Reserves Fall Sharply as Financial Pressures Mount
George Osborne Calls for UK to Rejoin EU Customs Union
UK Explores Joining Canada-Led Global Defence Bank
Thirlwall Inquiry Highlights Management Failures Surrounding Lucy Letby Crimes
Parliamentary Committee Calls for New UK Law to Address AI Risks to Human Rights
UK Considers Giving Regional Mayors Greater Oversight of Water Companies
UK Opposition Presses Burnham for Stronger Response to Russian Security Threats
Reform UK Faces Scrutiny Over £72 Million in Donations as Political Finance Rules Tighten
Millisecond Software Failure Behind UK Air-Traffic Outage That Cancelled More Than 2,000 Flights
Bank of England Holds Interest Rate at 3.75% as Energy Prices Complicate Inflation Outlook
Burnham Warns of Difficult Choices in October Budget as UK Inflation Rises to 3.1%
Addison Lee Founder Loses £20.5 Million Non-Domicile Tax Case
BrewDog Creditors Face Heavy Losses After Collapse
Thirteenth Metropolitan Police Officer Dismissed Over Charing Cross Conduct
Oxfordshire Village Votes Symbolically to Leave UK Over Asylum Accommodation Plan
NHS Approves Life-Extending Treatment for Women With Incurable Breast Cancer
Software Defect Blamed for Major UK Air Traffic Disruption
Twenty Women Underwent Unnecessary Mastectomies at County Durham NHS Trust
British Steel Costs Taxpayers £1.3 Million a Day as MPs Demand Long-Term Plan
UK Parliament Advances Sovereign Grant Reform Setting Royal Funding at £99.9 Million
King Charles Urges Human-Centred Approach to Artificial Intelligence at Scotland Summit
House of Lords Begins Scrutiny of Voting-Age and Political Finance Reforms
UK Labour Market Shows Growing Divide Between Younger and Older Workers
Nearly Seven in 10 UK Small Businesses Delay or Cancel Growth Plans as Costs Rise
Andy Burnham Reaffirms UK Net-Zero Target Amid North Sea Energy Debate
UK Parliament Demands Credible Financial and Decarbonisation Plan for British Steel
MPs Urge Government to Reject Thames Water Rescue Deal and Prepare Special Administration
Bank of England Holds Rate at 3.75% as Energy Shock Raises Inflation Risks
TUC Calls for Social Energy Tariff Funded by Higher Taxes on Bank Profits
UK Parliament Enters Conference Recess After Advancing Sovereign Grant Legislation
King Charles Hosts Artificial Intelligence Leaders at Dumfries House Summit
Nearly Seven in Ten UK Small Businesses Delay or Cancel Growth Plans as Costs Rise
×