London Daily

Focus on the big picture.
Friday, Sep 04, 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
Scottish Tech Company PureLifi Enters Administration With More Than 40 Job Losses
Scottish Government Names Alyn Smith Innovation and Education Minister
Green Party Co-Leader Zack Polanski to Contest By-Election for Keir Starmer’s Former Seat
Palestine Action Activists Appeal Terrorism-Related Prison Sentences
PwC Report Highlights Persistent Regional Spending-Power Divide Across Britain
UK Names Hundreds of Employers for Minimum Wage Violations
UK Commits £400 Million to International Tropical Forest Fund
UK Extends £2 Bus Fare Cap Across England Through 2027
UK Warns Travellers as US-Iran Tensions Disrupt Middle East Security and Shipping
Andy Burnham Faces Kemi Badenoch in First Prime Minister’s Questions
Kemi Badenoch Names Andrew Griffith Shadow Chancellor in Conservative Reshuffle
UK Treasury and Markets Focus on Fiscal Headroom Ahead of Autumn Budget
UK Government Reverses Early Release Plans for Serious Violent and Sexual Offences
UK and France Review Border Cooperation After 48,000 Small-Boat Crossings Prevented
UK Growth Outlook Weakens as Inflation and Energy Costs Rise
Breeding Tropical Mosquitoes Discovered in East London
Sadiq Khan Agrees to Search of Digital Communications in Palantir Lawsuit
Scottish Protesters Call for Moratorium on AI Data Centre Expansion
Uber Drivers Bring London Class Action Over Algorithmic Management
Reform UK Accepts £4 Million Donation From Cryptocurrency Billionaire Pardoned by Trump
Justice Secretary Tightens Early Release Scheme to Exclude Manslaughter Offenders
Kemi Badenoch Reshuffles Conservative Team as Reform UK Pressure Grows
British Mortgage Rates Rise as Global Bond Sell-Off Pushes Up Borrowing Costs
UK Records Hottest Summer on Record in 2026
UK Government Urges Households to Stock Essential Supplies Ahead of Severe El Niño Risk
UK Prepares Targeted Sanctions Over Israeli Settlements in West Bank
Reform UK Faces Electoral and Police Scrutiny Over Foreign Donation Allegations
UK and France Expand Channel Migration Cooperation as Trade Tensions Surface
UK Marks Merchant Navy Day With Tribute to Civilian Seafarers
Burnham Pays Tribute to Two Police Officers Killed on Duty in Northern England
Booking.com Left Fake Downing Street Listing Online for Two Months, Which Says
Burnham and Macron to Review UK-France Cooperation on Channel Crossings
UK Business Confidence Improves Slightly but Investment Concerns Persist
Burnham Faces Pressure Over Future North Sea Oil and Gas Licences
Burnham Pushes Wider English Devolution Through ‘Number Ten North’
British Chambers of Commerce Raises 2026 UK Growth Forecast to 1%
Keir Starmer Resigns as Holborn and St Pancras MP, Triggering By-Election
UK Chancellor Faces Tighter Budget Headroom as Long-Term Borrowing Costs Rise
UK Government Weighs Thames Water Nationalisation as Financial Crisis Deepens
Prime Minister Andy Burnham Faces First Commons Questions Over Tax and Spending Plans
Eleven British Seafarers Receive Merchant Navy Medal
Which? Creates Fake 10 Downing Street Rental Listing to Expose Booking.com Vetting Weaknesses
BP Appoints New Chairman in Effort to Stabilise Leadership
Aberdeen Sells Hydrogen Bus Fleet at Heavy Loss After Green Transport Experiment
UK Records Hottest Summer on Record as Climate Change Intensifies Extreme Heat
Scotland Pledges to End Temporary Accommodation for Children and Build 111,000 Affordable Homes
DNO Agrees $396 Million Deal to Acquire Capricorn Energy
Uber and Wayve Launch UK’s First Supervised Autonomous Ride-Hailing Service in London
Britain Expected to Avoid New US Tariffs Targeting European Union
Middle East Conflict Pushes UK Energy Costs Higher and Revives Inflation Concerns
×