Following are reactions to Novak Djokovic being released from Australian immigration detention on Monday after winning a court challenge to revive his bid to win a record 21st Grand Slam men's singles title at the Jan. 17-30 Australian Open.
DJOKOVIC'S FORMER MENTOR NIKI PILIC
"This whole ordeal was unnecessary. He was given the green light by Tennis Australia and doctors to play in the tournament and that's when politics came in. If they revoked his visa now, I believe it would reflect poorly on Australia.
"Winning the Australian Open under the best circumstances is difficult, but Novak is a champion. I can't say what his chances are after what he has endured, but I am sure he will be happy to just be on the court and start preparing for the tournament."
RAFA NADAL, 20 TIMES GRAND SLAM CHAMPION
"Whether or not I agree with Djokovic on some things, justice has spoken and said he has the right to participate in the Australian Open and ... it's the fairest decision to do so, if it has been resolved that way. I wish him the best of luck.
"On a personal level, I'd much rather he didn't play (laughs)... It's all so much better when the best players are on the court competing."
FORMER AUSTRALIAN PM KEVIN RUDD
"(Scott) Morrison just lost his case against #Djokovic. Total incompetence! Like on everything else. If they seriously didn't want him, why on earth did they give him a visa to fly here? This was conceived as one giant distraction strategy when out in the real world people can't get tested."
FORMER AUSTRALIAN OPEN CHIEF EXECUTIVE PAUL MCNAMEE
"Djokovic has had his day in court, with all the evidence presented, and comprehensively won ... let's respect the court's decision and move to the other court where sport is played."
FORMER INDIAN PRO SOMDEV DEVVARMAN
"Novak vs the world. We've seen that before. This is different. If he ends up defending his title and getting to 21 slams, it'll be one of the greatest tennis stories ever told."
AMERICAN WORLD NUMBER 24 JOHN ISNER
"Only thing left to do is win the trophy again and leave town never to return ..."
SPANISH PLAYER FELICIANO LOPEZ
"Judge Kelly solving the mess-disaster-absurdity that other parties involved have created. Tennis wins #AO2022."
Judgement in Novak Djokovic visa cancellation case
Following are the court orders issued on Monday after Novak Djokovic's successful challenge of the Australian government's cancellation of his visa on his arrival last week.
Tennis world number one Djokovic, a vocal opponent of COVID-19 vaccine mandates, had been in immigration detention in a Melbourne hotel since Thursday after his visa was cancelled due to problems with his medical exemption from vaccination.
Djokovic was released from immigration detention on Monday evening, with the government ordered to pay his costs.
In the text below, the Applicant is Djokovic and the Respondent is the Minister for Home Affairs.
THE COURT ORDERS THAT:
1. The decision of the delegate to cancel the applicant's Temporary Activity (subclass 408) visa made on 6 January 2022 be quashed.
2. The Respondent pay the Applicant's costs (including any reserved costs), as agreed or assessed.
3. The Respondent forthwith take all necessary steps to cause:
3.1. the Applicant to be released immediately and forthwith from immigration detention and, without limitation thereto, such release must occur by no later than 30 minutes after the making of this Order; and
3.2. the Applicant's passport and all other personal effects to be returned to him as soon as reasonably practicable after the making of this Order.
NOTATION:
A. The respondent concedes that the delegate's decision to proceed with the interview and make a decision to cancel the applicant's visa pursuant to (section) 116 of the Migration Act 1958 (Commonwealth) was unreasonable in circumstances where:
(1) at 5:20 a.m. on 6 January 2022 the applicant was told that he could have until 8.30 a.m. to provide comments in response to a notice of intention to consider cancellation under (section) 116 of the Migration Act 1958 (Commonwealth);
(2) instead, the applicant's comments were then sought at about 6:14 a.m.
(3) the delegate's decision to cancel the applicant's visa was made at 7.42 a.m;
(4) the applicant was thus denied until 8.30 a.m. to make comments;
(5) had the applicant been allowed until 8:30 a.m., he could have consulted others and made further submissions to the delegate about why his visa should not be cancelled.
B. This Order was pronounced orally in open court at 5:16 p.m. on Monday, 10 January 2022.
C. The Court was informed by the respondent, through her counsel of his instructions, that the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs may consider whether to exercise a personal power of cancellation pursuant to sub-section 133C(3) of the Migration Act 1958 (Commonwealth)
