Novak Djokovic’s supporters aren’t the only ones reacting to this morning’s court proceedings.
Mike Stanton, the president of human rights group Liberty Victoria, said it set a “terrible precedent” if Novak Djokovic was deported because of a “purported risk as to how others might perceive them”.
“It can and will be used in the future to justify the suppression of legitimate political expression because others might engage in unrest,” he wrote on Twitter.
G’day everyone. It’s Roy Ward here and I’m taking over from Broede Carmody after another exceptional shift on our Novak Djokovic visa saga blog today.
We still haven’t heard anything further about when we might get an update on this case but we will be ready to cover it once something is announced.
So please stay with us.
The order of play for the first day of action at Melbourne Park has been released, and Novak Djokovic is scheduled to play his opening match in the night session at Rod Laver Arena.
Djokovic’s clash with fellow Serbian Miomir Kecmanovic is slated to follow Ash Barty’s opener, against qualifier Lesia Tsurenko.
The release of the order of play means if Djokovic is absent from the Australian Open, he will be replaced by a lucky loser, rather than fifth seed Andrey Rublev.
Croatian man Ilija Kostic says he became a fan of Djokovic after the Serbian player was misidentified as a Croatian while playing a tennis tournament in Canada in 2007.
“I understood then that we have the same feeling – it doesn’t matter if you’re Croatian or Serbian, it’s just important to be a good man,” he said outside Melbourne’s Federal Court earlier today.
Novak Djokovic supporter Ilija Kostic outside the Federal Court in Melbourne earlier today. Credit:Luis Ascui
He went on to say the following:
I hope he will win today.
If he loses, it will definitely make me sad.
The tournament will definitely be better with him.
Even though his preparation has been hindered, I still think he’s mentally strong. He can overcome everything that’s happened to him, and win the Australian Open.
I feel like he’s being used as a scapegoat for political gain between the Victorian government and the federal government. It’s got nothing to do with health.
It’s been about scoring cheap political points, which has really damaged Australia’s reputation. It would be much better if it had never happened, if the government didn’t interfere.
While we wait for the Federal Court to reach a verdict, let’s revisit David Crowe’s story from this morning.
More than two-thirds of Australians believe Novak Djokovic should be sent home without playing in the Australian Open, according to recent polling.
Just 14 per cent of respondents want the tennis star to compete in the tournament (which starts tomorrow).
Djokovic’s support is lowest among Liberal and National voters. However, his support is highest among those who intend to vote for the United Australia Party (formally Clive Palmer’s United Australia Party) at the next federal election.
Australians are due to head to the polls later this year.
The court has now adjourned to allow Chief Justice James Allsop, Justice Anthony Besanko and Justice David O’Callaghan to make a decision.
Chief Justice Allsop said the three would spend the afternoon and maybe the early evening dealing with the arguments that have been put before the court, “not with a view to delivering all reasons today, but with a view if possible to reach a view as to the outcome of the matter”.
Novak Djokovic training in Melbourne earlier this week. Credit:Eddie Jim
“We would hope to be in a position to identify to the parties later in the afternoon what the course is that we propose,” he said.
He said that the court may come back this afternoon or tomorrow morning and, if so, it will be announced on the court website and relisted.
Djokovic’s lawyer, Nick Wood, SC, requested that if the court ruled in Djokovic’s favour, an order be made requiring the tennis star’s immediate release within 30 minutes of the decision being handed down.
The lawyer acting for the Immigration Minister, Stephen Lloyd, SC, has now finished his oral submissions.
He stressed that the government does not have to prove that Djokovic will foster anti-vaccination sentiment, but that he may foster it.
The applicant’s views or widely understood views about vaccination have come to the fore, they are right in people’s mind in the moment, the Minister has to make a decision about risk … and how he has now become an icon for the anti-vaccination groups and then what role that will have if somebody of his significance being present in Australia at a time when that is the issue.
The Minister clearly sees there is a risk that in the same way as Mr Djokovic advertises or associates with an array of products, and no doubt because of his popularity and status that does well for those people who engage him for his endorsements.
Rightly or wrongly, he is perceived to endorse an anti-vaccination view and that his presence is perceived to contribute that and foster further sentiment.
We say that the known facts, the facts of Mr Djokovic’s views or perceived views, knowledge of his perceived views, and historical views … in combination with his status and presence could be seen to contribute significantly to those issues, and that’s all that’s required to make the inference the Minister made.
Mr Lloyd said that “people of Mr Djokovic’s status are able to influence people who look up to him”.
Nicholas Wood, SC, appearing on behalf of Djokovic, is now replying.
Australian government counsel Stephen Lloyd, SC, is addressing the fact that Novak Djokovic’s views on vaccination were not sought this week by Immigration Minister Alex Hawke during considerations about whether to cancel the Serbian tennis star’s visa.
Mr Lloyd said that “the mere fact it might have been reasonable to make an inquiry does not make the person bound to make it”.
Immigration Minister Alex Hawke, right, and Novak Djokovic. Credit:Luis Ascui, Alex Ellinghausen
He then questioned whether the information would have even been useful if it had been sought.
“Whatever the applicant might have said in a letter in response to such an inquiry about his current vaccination views would not have altered the facts of his previous stated views and impression held by the Australian community,” Mr Lloyd said.
“A large part of the issue is not just what his views are but how his views are perceived … to that extent there is no reason to think there was any duty to inquire.”
He also says Djokovic has chosen not to give any evidence during this trial.
“There’s no evidence before the court that the applicant could or would have put forward any useful material to the Minister had his views been sought. He has chosen not to put any evidence in this trial.”
Members of Melbourne’s Serbian community are continuing the anxious wait to see if Novak Djokovic will be able to successfully appeal his visa’s cancellation.
As the temperature rose on the Federal Court’s pavement this afternoon, supporters told this masthead they were “exhausted and embarrassed” to have to be back protesting Djokovic’s detention.
A Novak Djokovic supporter enduring the Sunday afternoon heat. Credit:Luis Ascui
While some supporters danced along to folk music when the case was adjourned for lunch, others handed out water bottles and retreated underneath nearby trees to wait out the decision, with the sun beating down and Melbourne’s CBD hitting 25 degrees.
Serbian Australian Mina Zogovic said she believed the treatment of the world No. 1 had been “inhumane”.
“It’s been another injustice, another disgraceful act by the Australian government,” she said.
“He’s come here to play tennis, he’s come to bring us joy. It’s for his fans, not just the Serbian people. He’s come here to put on a show.
“He was told to go back as soon as he came here, he was detained at the airport for eight hours. That’s inhumane.
“He’s not a bag of potatoes to be dragged around from one hotel to another.”
Passionate tennis fan Nick, who did not give his surname, said the group was prepared to accept the court’s final decision – regardless of which way it fell.
“We’re here to stand up for a person who we believe stands up for us and for Serbia as a nation as well. From the turnout and pride here, you can see how much he matters [to us].
“If it all goes well today, elation will come. Right now we can only hope for the best, but we will respect the court process.
“We hope for unity, and we can only hope for fairness today.”
Novak Djokovic’s hearing in the Federal Court has resumed. Stephen Lloyd, SC, for the government, is continuing his submissions.
He is expected to continue for about an hour, and then Djokovic’s counsel Nick Wood, SC, will have the opportunity to reply.
Mr Lloyd is continuing an argument that he was making prior to the break: that Immigration Minister Alex Hawke did in fact weigh up the different implications of cancelling the tennis star’s visa.
“A raft of concerns were considered by [Mr] Hawke in that regard,” he told the court.
He says even if alternative scenarios hadn’t been considered by Mr Hawke, under the Migration Act, they didn’t need to be.
“The powers in [the Migration Act] reflect the sovereign right of the Commonwealth to determine who is bound to be in Australia. The Commonwealth ought not be bound to suffer the presence of an alien for fear of what might occur if they were removed, which is in essence what the applicant’s case requires,” Mr Lloyd added.
Novak Djokovic visa saga LIVE: tennis star back before court ahead of 2022 Australian Open
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