This, to prevent him from the possibility of spreading COVID and to allow border officials to interview him, will be in place until Sunday, when Djokovic’s lawyers hope to secure a win in the Federal Court, where the case has now been referred.
He added that it would be “good for everyone” if the case was resolved quickly, saying that it is “not great for tennis, not great for the Australian Open, not great for Novak”.
He accused immigration minister Alex Hawke of giving no consideration whatsoever as to what the forceable deportation of Djokovic may have on anti-vaccination sentiment, labeling the minister’s thinking “patently irrational”.
Wood said the challenge is a question of “interferences to be drawn from the minister’s reasons” and rationality and perversity in his approach to his decision-making.
Stephen Lloyd SC - the immigration minister’s lawyer - also said Djokovic would not be detained ahead of a meeting with immigration officials tomorrow morning.
They also confirmed that he is still due to play his opening match in the Australian Open on Monday, but hit out at the immigration minister’s legal team for leaving it until today to make a decision on the visa.
Kelly is suggesting an injunction to halt Djokovic’s deportation until at least 4pm tomorrow.
He said the home affairs minister’s lawyer, Christopher Tran, flagged that the Immigration Minister may move to cancel Djokovic’s visa again - which has now happened - and that the team kept in touch with the judge about whether this would happen.
He cited the requirement that the case is “inexpensively and efficiently” dealt with and to conclude it “in a timely manner”.
Judge Anthony Kelly, who oversaw the initial quashing of the first cancellation, will preside over the hearing, which began moments ago.
Team Serbia was instead led by a confused world No. 33 Dusan Lajovic, who at the time said he “does not know the reason”.
But Morrison and his allies have continued to object to Djokovic’s stay in the country.
The lawyer told the Associated Press that Djokovic will need to go before a duty judge of the Federal Circuit and Family Court or a higher judge of the Federal Court to get two urgent orders if he stands a chance of not being deported.
One order would be an injunction preventing his deportation, like the order he gained last week. The second would order Hawke to grant Djokovic a visa to play in the Open.
The politician - a close ally of Prime Minister Scott Morrison, who has repeatedly said “rules are rules” when it comes to the tennis star - said his decision was made on “health and good order grounds”.
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