Court grants Djokovic appeal

Novak Djokovic has successfully challenged the Australian Government’s decision to cancel his visa, paving the way for him to play in the Australian Open after five days of chaotic bureaucracy, the Daily Mail reported.

But police have since swarmed his lawyer's office in Melbourne, where he was permitted to go during the hearing, with his family back in Serbia claiming authorities planned to 'lock him up.'

Federal Court Judge Anthony Kelly ordered the 34-year-old tennis world No.1 to be freed from detention at Melbourne's Park Hotel by no later than 5.46pm on Monday, having already gone to his lawyer's office to view the hearing.

Within 30 minutes, the back exit of the building was swarming with dozens of police officers who created a shield around the gates of the parking garage.

Speaking on Serbian TV, his brother Djordje said Australian authorities wanted to 'capture and lock up Novak again.

One of his lawyers was seen leaving the building before 8pm on Monday, indicating no re-detention was pending.

At the heart of the case was a procedural error made by the Australian Border Force when officers first stopped Djokovic at the city's airport last Wednesday evening.

They did not give the tennis star an acceptable amount of time to consult with his legal team after notifying him of their intent to cancel his visa, with Djokovic given little to no sleep and no ability to consult with lawyers.

'We all play by the same rules... those rules were not observed,' Judge Kelly said. The message is not all that dissimilar to Prime Minister Scott Morrison's statement hours after Djokovic was initially given his marching orders.

'Rules are rules, especially when it comes to our borders. No one is above these rules,' Morrison said at the time. 

Judge Kelly quashed the decision to tear up Djokovic's visa and ordered that all his personal belongings returned, asking the court: 'What more could this man have done?'

Judge Kelly noted if Djokovic were to be deported in that manner, he'd could be forbidden from returning to Australia for three years, though there would be discretion to allow him back in for next year's Open.

He told the court in no uncertain terms, that if the government does consider this motion he must be given ample notice to prepare for future proceedings.

Until then, Djokovic is free to enter Australia and compete at the Open - which starts on January 17 - where he will bid to become the most-decorated men's singles player of all time.

'A professor and qualified physician provided the applicant a medical exemption, the basis of which was given by an independent expert panel established by the state government... that document was in the hands of the delegate,' Judge Kelly said. 'The point I'm somewhat agitated about is, what more could this man have done?'

Djokovic was originally granted a 408 visa which lets you come to Australia to participate in events which are endorsed by the Australian Government.

Djokovic's lawyer Nick Wood SC said the star went beyond what was required of him by providing evidence of his medical contraindication when he was detained at the airport.

He said government entry requirements specify a traveler must declare they can prove their exemption, but does not state they will have to do so.

'He was not required to provide evidence, even though as a matter of fact, he did,' Wood said. 

Wood also noted Djokovic felt pressured when giving evidence to border force officials after touching town from 25 hours of long-haul travel.

Wood told the court it was 'spurious rationale' to tell Djokovic it was in his interests to allow the visa cancellation without consulting his team.

'There was no reason, no intelligible reason, not to allow him that more time,' he said. 

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