'Unreasonable': Novak Djokovic freed after winning visa appeal

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  • Novak Djokovic
    Novak Djokovic
    Serbian tennis player
Novak Djokovic (pictured) celebrating after winning a point.
Novak Djokovic (pictured) has won his appeal against the Federal Government and has been freed from immigration detention. (Getty Images)

World No.1 tennis player Novak Djokovic will be freed from immigration detention after winning his appeal against the Federal Government.

Federal Court Judge Anthony Kelly said he would order on Monday afternoon that the decision to cancel his visa should be quashed and he be paid costs.

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"The decision to proceed with the interview and cancel that visa ... was unreasonable," he ordered after an agreement was reached by Djokovic's lawyers and lawyers for Home Affairs Minister Karen Andrews.

He said Djokovic must be released within 30 minutes of the order being made.

Djokovic arrived in Australia late on Wednesday after declaring he had a medical reason not to get vaccinated against COVID-19.

But he was taken to immigration detention after having his visa cancelled early Thursday morning.

Djokovic is challenged that decision in a hearing before Judge Kelly, which was plagued by technical issues, with live streams collapsing under the pressure of tens of thousands of people trying to watch.

He was present with his lawyers for the hearing.

Christopher Tran said the Home Affairs Minister had reserved the personal power to cancel Djokovic's visa.

Novak Djokovic wins appeal over visa

Earlier, Nick Wood SC says Djokovic declared before boarding his flight to Australia from Dubai that he had a medical contraindication and was able to provide evidence - a medical exemption by Tennis Australia.

Judge Kelly asked: "What more could this man have done?"

"Here, a professor and an eminently qualified physician have produced and provided to the applicant a medical exemption," he said.

"Further to that, that medical exemption and the basis on which it was given, was separately given by a further independent expert specialist panel established by the Victorian state government."

The judge said those documents were in the hands of the immigration department delegate who made the decision to cancel his visa on behalf of Home Affairs Minister Karen Andrews.

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