[imagesource: Greg Wood / AFP/ Getty Images]

Serbian tennis legend Novak Djokovic is a divisive character.

Ever since he landed down under ahead of the Australian Open, and was then detained in an immigration detention hotel in Melbourne for visa-related reasons, media coverage right around the globe has been intense.

This morning, Djokovic, who is not vaccinated and is well-known for his ‘alternative’ medical beliefs, won his appeal against deportation from Australia.

According to Sky News, the judge reinstated his visa and ordered that he be released from hotel quarantine within 30 minutes:

Border officials previously ruled that the tennis star did not meet the criteria for a COVID exemption to entry requirements…

The court rejected a decision last week by staff at Melbourne airport that he didn’t meet the rules for an exemption to a requirement that all non-Australians be fully vaccinated against COVID-19.

The Serb claimed that he was exempt because he had recently been infected with COVID-19, which meant he was “entitled to a medical exemption in accordance with Australian government rules and guidance”.

Lawyers acting on his behalf produced a letter from Tennis Australia’s chief medical officer in court.

The letter was sent on December 30, “recording that he had been provided with a ‘medical exemption from COVID vaccination’ on the grounds that he had recently recovered from COVID”.

That same letter said he first tested positive for COVID-19 on December 16, which makes the photos of him socialising with children the next day a tad iffy:

A previous tweet claimed Novak Djokovic went to a stamp ceremony on the 17th of December, after testing positive for COVID on the 16th.
Turns out, they were on the same day. But even if we give him the benefit of the doubt, THIS was definitely on the 17th… pic.twitter.com/HTdmyTiLS9

— Alastair McAlpine, MD (@AlastairMcA30) January 8, 2022

The appeal result this morning doesn’t necessarily mean Djokovic will be allowed to compete at the Australian Open, starting a week from today.

Here’s The Guardian:

While Novak stans were celebrating his release from detention, the government’s lawyer dropped the fact that the immigration minister will consider using a separate power to cancel his visa.

Under that power, in section 133C(3) of the Migration Act, [Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs] Alex Hawke would have to be satisfied:

• That a ground exists to cancel the visa – in this case the purported threat to public health because he is unvaccinated;
• The visa-holder “does not satisfy the minister that the ground does not exist”; and
• That it would be in the public interest to cancel the visa.

That decision is not subject to the rules of natural justice. Yes, Australian immigration law really is this harsh.

Hawke is said to be considering whether or not to exercise the personal power of cancelling the visa.

If that happens, we could end up back in court because Djokovic “would face being banned from Australia for three years if the minister decides to cancel the visa”.

Whatever your views on Djokovic, one can’t help but feel this could have been handled far better by the Australian government.

Meanwhile, those chomping at the bit to suddenly champion his cause could perhaps use a little self-reflection:

Please record the awkward moment when you tell them you’ve spent most of your career campaigning to have people from Eastern Europe deported.😉 https://t.co/rfFn1hdXlu

— Andy Murray (@andy_murray) January 9, 2022

Farage and self-reflection – dream on.

[sources:skynews&guardian]