Novak Djokovic has won his court case in Australia on Monday but Alex Hawke can ruin the win . He has made his appeal against being denied a visa to enter the island of Australia.
Djokovic was fighting deportation and the cancellation of his visa in the Federal Circuit and Family Court of Australia. However, a government lawyer has warned that Australia may yet use ministerial powers to order Djokovic’s removal from the country.
The Australian government had cancelled Novak Djokovic’s visa shortly after he had arrived in Melbourne. The officials decided that he did not meet the criteria for an exemption to an entry requirement that all non-citizens has to be fully vaccinated for COVID-19.
Australian medical authorities have ruled that a temporary exemption for the vaccination rule. The exemption can be provided to the people who have been infected with COVID-19 within the last six months and are unable to take the jab.
Novak Djokovic’s court documents says that he is unvaccinated. His counsel team had argued that he did not need proof of vaccination because he has evidence that he had been infected with the coronavirus last month.
Alex Hawke To Reportedly Use “Personal Power”
Even though the Federal Court Judge Anthony Kelly ruled in favour of Novak Djokovic. The ruling will immediately release him from detention but still there are chances of his Australian visa getting cancelled.
“If this man is to be summarily removed upon a personal exercise of cancellation power, he cannot return to this country for three years,” Judge Kelly said while adding that Alex Hawke should decide quickly.
Serbian tennis star Novak Djokovic has been released from detention and his visa cancellation overturned by a Melbourne court. pic.twitter.com/9y23KLdPWC
— South China Morning Post (@SCMPNews) January 10, 2022
Australia’s Immigration Minister, Alex Hawke still has the power to cancel Novak Djokovic’s visa to play in the Australian Open.
If Djokovic gets his visa cancelled by the minister he will not be allowed to enter Australia for three years. This could see both parties back in court once again.
After the verdict was given, the government counsel Andrew Tran said the Federal Government will now consider its options. This includes Immigration minister Alex Hawke using his “personal power” to cancel Djokovic’s visa once again.
A spokesperson for the Immigration Minister, Alex Hawke has released a statement on today:
Novak Djokovic has not been detained in Australia, according to the office of immigration minister Alex Hawke.
“Following today’s Federal Circuit and Family Court determination on a procedural ground, it remains within Immigration Minister Hawke’s discretion to consider cancelling Mr. Djokovic’s visa under his personal power of cancellation within section 133C(3) of the Migration Act. The Minister is currently considering the matter and the process remains ongoing,” the spokesperson had said.