Djokovic court case: Could he argue his way to the Open?

By Frances Mao.
The news is from Australia.

Quality Sport Images is the image source.

The image caption is.

A court hearing will be held on Monday on Novak Djokovic's case.

The world number one men's tennis player will be in Australia this weekend to fight the country's attempt to deport him over his vaccination status.

On Monday, Novak Djokovic will be in court to challenge the cancellation of his visa. He wants to play in the Australian Open and win his 10th title.

How will he argue his case? Will he be able to make it to the Grand Slam on time?

The Serbian player was granted a visa to enter Australia so he could play in the Grand Slam.

Because Australia still has Covid rules banning most foreigners from entering the country, it's likely that Novak applied for a "temporary activity" visa, which allows foreigners in for major events. The players competing in the tournament are entering on this visa.

If a person has a medical exemption from having the vaccine, they can enter Australia, but only if they are double vaccined.

The tennis authorities granted a medical exemption for the player who is opposed to vaccinations.

The tennis player was unable to prove his exemption to the government's standards at the airport.

The evidence for medical exemption was found to be insufficient, Scott Morrison told reporters on Thursday.

His visa was revoked on the spot. He was moved to a holding zone to be deported as he no longer had a legal basis in Australia.

The player's team immediately challenged the decision and on Thursday he was granted a temporary injunction to stay.

It would appear that Tennis Australia had assured the camp that he was fine to get on the plane to Australia because he'd secured entry to the tournament.

Professor Donald Rockwell, an international law expert from the Australian National University, told the BBC that being approved for the sporting event had nothing to do with his visa.

"Djokovic's legal team will probably argue that he was granted the visa and that it was revoked," Priof said. There are certain legal processes that need to be followed for the visa to be revoked.

Foreigners who apply for a visa online can fly in to Australia, but they have to clear immigration at the airport.

Professor Mary Crock, an immigration law expert from the University of Sydney, told the BBC that if they're caught out on a visa error, they're restricted in their appeal scope.

He can't say that he's the number one player in the world and should be allowed to play. No. She said that none of those issues of merit apply.

Australia's Migration Act allows officials to cancel someone's visa if they submit it with incorrect information. The facts so far seem to be straightforward, as evidenced by the fact that Australian officials said he didn't prove his medical exemption.

There are other areas of the visa cancellation process that the team could argue about, but so far there is no evidence that the law has been applied wrongly.

Serbia's government had accused Australia of unfairly targeting the man.

He said that the case was about one individual, Australia's border laws and their fair application.

He said that Australian border officials act on what they know and that those who broadcast their pending entry into Australia on social media draw attention to themselves.

Australia initially allowed two other Grand Slam participants to enter with medical exemptions, but their visas are now under scrutiny.

Prof Crock said that the decision was telegraphed well in advance and that the team would try to argue that it was unreasonable.

He's the number one in the world. She doesn't think it's right for the federal government to say they didn't know about him until he arrived in Australia.

They did. They allowed him to get on the plane.

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Fans of Novak Djokovic gathered outside the player's hotel to show their support.

Prof Crock said that the political circus could be used to argue that political influence was a violation of legal decision making.

This has been a case of high political value. One of the grounds could be that the decision maker was acting under the influence of the prime minister. That's an extremely difficult ground to make out.

There has been no evidence of that from the government.

We don't know what evidence will be presented on Monday, but the facts don't seem to support the appeal.

If the judge found in favor of the tennis player, the court could overturn Australia's revocation of his visa.

He would be able to enter the country immediately, with a week left to prepare for the Grand Slam.

It's not clear if the Australian government would challenge the decision, attempt to cancel the visa, or back down.

He might not be deported immediately. The decision could be challenged again in an appeal court.

Would that be worth it to the tennis player? He would have had no tennis practice for a full fortnight, and would have had to spend more time in a hotel. Serbian officials are trying to move him to a nicer hotel.

The legal experts say it will take at least a week for a higher court to convene for the appeal hearing, which will coincide with the start of the tournament.

"If he loses, the timeframe - even under the most extreme scenario - of him being able to compete in the Open just seems impossible really," said Prof Rockwell.

A coronaviruses epidemic.
Australia.