Novak Djokovic news: Tennis star in court after visa cancelled by Border Force at airport ahead of Australian Open

Tennis world No.1 Novak Djokovic is likely to remain in visa limbo overnight as he fights to stave off impending deportation before the Australian Open.

The nine-time champion is challenging the Australian Border Force’s decision to cancel his visa by applying for a judicial review.

Watch the latest on Djokovic’s court fight in the video above

But Federal Circuit Court Judge Anthony Kelly still did not have the application at 4pm on Thursday.

The tennis star’s barrister Nick Wood said it had since been filed and they are trying to obtain a person affidavit from Djokovic overnight.

But, in the interest of time, Judge Kelly has urged the 20-time grand slam champion to give evidence virtually.

“I am, I’ll reiterate, strongly inclined to try and assist the parties in resolving this interim application today,” he said.

“If that means that your client needs to give evidence by (Microsoft) Teams, I will hear him. I doubt that his evidence will be controversial.”

HOW THE HEARING UNFOLDED: Djokovic avoids immediate deportation as judge shoots down bold request

Judge Kelly said he could not rule on the case for an injunction without first reading the submission.

Tennis Australia has indicated it needs to know Djokovic’s status before Tuesday so it can find a replacement player, Mr Wood said.

But the judge replied: “The tail won’t be wagging the dog here.”

Government barrister Christopher Tran is still awaiting instructions from Home Affairs Minister Karen Andrews but suggested there was no need for an interim hearing until Friday.

“In that spirit, can I just encourage you both to reflect upon the necessity for any removal application to be made before Monday,” Judge Kelly said.

“It would seem to me to be consistent with the expedition which is sought by both parties in this proceeding that I hear any application of that kind by 10am tomorrow morning.”

It means Djokovic will at least remain in Australia overnight.

The Serbian superstar claimed he had an exemption against vaccination allowing him to enter Australia, but it appears it was only granted for the tournament and not entry into the country.

He arrived in Australia late Wednesday night and after being detained at the airport was transferred to the Park Hotel in Carlton - an alternative place of immigration detention.

The judge confessed to knowing little about tennis, questioning when Djokovic would be required at the tournament, if allowed to play.

The Australian Open begins on January 17 and Judge Kelly wants to know what resources are available for Djokovic.

“I don’t think it’s unreasonable for the court to ask, as an open question, whether the particular hotel in which the applicant is staying or may be able to stay might have available to him tennis practising facilities,” he said.

No evidence of exemption: ABF

The Australian Border Force said Djokovic failed to provide border officials with “appropriate evidence” for his medical exemption upon his arrival in Australia from Dubai.

It meant the world’s best men’s player was left stranded overnight in a police-guarded room at Melbourne Airport after a 14-hour flight from Dubai.

One possibility is that Djokovic was armed with a vaccination exemption to compete in Melbourne but with a visa that did not allow for medical exemptions.

“The Australian Border Force will continue to ensure that those who arrive at our border comply with our laws and entry requirements,” the ABF said.

“The ABF can confirm that Mr Djokovic failed to provide appropriate evidence to meet the entry requirements to Australia, and his visa has been subsequently cancelled.

“Non-citizens who do not hold a valid visa on entry or who have had their visa cancelled will be detained and removed from Australia.”

The 20-time major winner has never publicly revealed his COVID-19 vaccine status, but last year said he was “opposed to vaccination”.

His father, Srdjan Djokovic, reportedly told media in Serbia: “I have no idea what’s going on, they’re holding my son captive for five hours.

“This is a fight for the libertarian world, not just a fight for Novak, but a fight for the whole world!

“If they don’t let him go in half an hour, we will gather on the street, this is a fight for everyone.”

Djokovic’s coach, 2001 Wimbledon champion Goran Ivanisevic, who stated the obvious while held up at Tullamarine Airport with the tennis star’s entourage.

“Not the most usual trip from Down Under,” he posted on Instagram.

‘Tough but fair’: Hunt

Greg Hunt accepted the Border Force decision was “tough” for Djokovic, but it came after a fair process that every other Australian would have to undergo.

“Right throughout as an Australian government, the prime minister has been clear that Australians have had to do it tough,” Hunt told Sunrise.

“An Australian in many different states and territories has to show their vaccination record in some cases to enter premises and cafes and other things and it’s not unreasonable to have exactly the same requirements of all who enter this country.

“So, fair and equitable for all. The requirements were not able to be met (in Djokovic’s case).

“There was an exemption that had been provided through the Victorian government process, clearly that did not pass the standards of proof that were required by the Australian Border Force.

“Yes it’s tough, but it’s fair and it’s equitable and it’s one rule for all under this Australian government.”

Djokovic not above the rules: PM

Prime Minister Scott Morrison meanwhile defended the government’s decision to cancel Djokovic’s visa.

“Rules are rules, especially when it comes to our borders. No one is above these rules,” Mr Morrison wrote on Twitter.

“Our strong border policies have been critical to Australia having one of lowest death rates in the world from COVID, we are continuing to be vigilant.”

Serbian President steps in

Meanwhile, Serbian President Aleksandar Vucic said he had spoken to Djokovic on the phone during his long overnight ordeal at the airport.

“Just got off the phone with Novak Djokovic I told our Novak that the whole Serbia is with him, and that our authorities are taking all measures to stop the harassment of the best tennis player in the world in the shortest possible period,” Vucic wrote.

“I told our Novak that the whole of Serbia is with him and that our bodies are doing everything to see that the harassment of the world’s best tennis player is brought to an end immediately.”

Djokovic has faced fierce backlash in Australia after posting on social media that he had obtained a medical exemption and would compete in the Australian Open.

The Open begins on January 17, with unvaccinated players and fans who do not have a Tennis Australia and Victorian government-approved exemption banned from entering Melbourne Park.

Tournament organisers say Djokovic has not been given special treatment.

The grand slam’s chief executive, Craig Tiley, said 26 athletes had applied for medical exemptions and only “a handful” had been granted under guidelines set by federal regulators.

Applications for medical exemptions are being assessed anonymously by two separate panels, which are not told the identity of applicants.

One possibility is that Djokovic, who has previously spoken out against vaccines and mandates, sidestepped vaccination requirements by testing positive for COVID-19 within the past six month.

Tennis Australia’s chief medical officer Carolyn Broderick suggested that is the most likely scenario given other exemptions being handed out across Australia.

“If you look at an Australian group of people applying for medical exemption, the vast majority are recent COVID,” Ms Broderick said on Wednesday.

- with AAP