Djokovic’s supporters have been protesting outside the court throughout the sessions.
“Despite everything that has happened, I intend to stay and try to participate in the Australian Open,” Novak Djokovic said in a tweet via his official account on Twitter.
The nine-time (record) Melbourne title winner added on Twitter: “I am happy and grateful that the judge has overturned the decision regarding my entry visa. I came here to participate in one of the most important tournaments in front of an amazing audience.”
The world-ranked star returned to the training grounds, as revealed by his brother, after an Australian federal judge ordered his immediate release from the Melbourne passenger detention center, and the invalidity of the government’s decision to cancel the entry visa to Australian territory.
Novak’s brother, Georgi, said at a press conference in Belgrade on Monday, “Novak is free. A while ago he was training on the field. He went to Australia to practice tennis, to participate once again in the Australian Open and set a new record.”
And the judge, Anthony Kelly, had ordered Monday to reject the Australian government’s decision to cancel the player’s entry visa, and requested his release from his place of detention, and asked the government to pay all his costs.
The 34-year-old Serb traveled to Melbourne last week, hoping to defend the Australian Open title.
The government admitted in court that Djokovic had not been given sufficient time to respond, after notification of the cancellation of his visa.
He told the player that he had until 8:30 local time last Thursday to comment on the visa cancellation under Section 116 of the Australian Immigration Act, but that border police made the final decision shortly after 7:40.
The judge said Djokovic could have had more time to report that his visa had not been withdrawn if the authorities had met the original time.
The judge added, “We all follow the same rules. But those rules were not observed.”
The trial began Monday morning after a delay caused by technical problems in broadcasting the live proceedings.
Djokovic’s lawyers said the 20-time Grand Slam winner entered the country on the basis that his exemption from restrictions requiring travelers to be fully vaccinated against COVID-19 was in effect.
Nick Wood told the court that two separate medical boards granted him the exemption after he was recently infected with the Corona virus and that he provided all necessary medical evidence to officials.
“He did everything. He did everything the Tennis Australia asked him to do,” Wood added.
Judge Kelly appeared to agree with Wood’s argument, telling the government’s attorney that he was “outraged” by what he had heard so far.
“What more could this man have done?” he asked.
Djokovic’s lawyers said the treatment he received from Australian Border Police officers after his arrival was “manifestly unfair”.
Called by officials at the airport, he asked to wait until morning to hear from his team before deciding to leave the country. Officials agreed.
After he went to sleep, he was woken up by officers around 6:00, and he claimed that they pressured him to respond “because it would have been better for him to make the decision right away.”
The government’s attorney, Christopher Tran, said that Djokovic’s recent infection with Covid did not qualify him for an exemption from the travel rules, and denied there was any unfairness in the decision.
Although Djokovic has not spoken publicly about his vaccination status, he confirmed in his interview with border officials that he had not been vaccinated.
He said in an interview that he had tested positive for Covid twice – in June 2020 and on December 16, 2021.
He provided copies of positive tests during the interview. And he issued one copy on December 16, 2021, one day before Djokovic appeared in public events without a muzzle.