Novak Djokovic’s fate now lies in the hands of three Australian Federal Court justices, after his last-gasp appeal against deportation adjourned Sunday pending a verdict that is expected later in the day. The tennis star’s lawyers told an emergency hearing that the government’s effort to deport him on the eve of the Australian Open was “irrational” and “unreasonable”, but they faced pointed questions from the panel of justices who will now decide his case.
Earlier, Djokovic’s lawyers painted Australia’s effort to deport him as “irrational” and “unreasonable” Sunday, in an eleventh-hour bid to reinstate the tennis star’s visa and allow him to remain in the country to defend his Australian Open crown.
With just hours to go before the first ball is served at Melbourne Park, Djokovic’s high-powered legal team kicked off an emergency appeal in Australia’s Federal Court.
The hearing will decide whether the Australian Open’s top seed and defending champion can retain his title and become the first male player in history to win 21 Grand Slams.
His lawyer Nick Wood sought to systematically dismantle the government’s central argument that Djokovic’s anti-vaccine views are a public threat and could cause “civil unrest” unless he is deported.
Despite the 34-year-old being unvaccinated, Wood insisted he has not courted anti-vaxxer support and was not associated with the movement.
The government “doesn’t know what Mr Djokovic’s current views are”, Wood insisted.
Government lawyer Stephen Lloyd said the fact that Djokovic was not vaccinated two years into the pandemic and had repeatedly ignored safety measures — including failing to isolate while Covid-19 positive — was evidence enough of his views.
“He’s chosen not to go into evidence in this proceeding. He could set the record straight if it needed correcting. He has not — that has important consequences,” the government said in a written submission.
Lloyd also pointed to a series of protests already sparked by Djokovic’s arrival in Australia.
Those competing arguments will be weighed by a panel of three court justices, who are expected to give their verdict on Sunday, or at the latest on Monday.
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Because of the format of the court, their decision will be extremely difficult to appeal by either side.
If the Serbian star loses, he will face immediate deportation and a three-year ban from Australia — dramatically lengthening his odds of winning a championship he has bagged nine times before.
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