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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.
It is not over yet. Christopher Tran says the Home Affairs Minister Karen Andrews reserves her personal power to remove Djokovic from Australia.
— Karen Sweeney (@karenlsweeney) January 10, 2022
Djokovic wins Round 1 of his legal appeal on procedural grounds, quashing the border officer’s initial decision to cancel Djokovic’s visa.
The Australian government has expressed its readiness to recancel the visa and redetain Djokovic, so Round 2 is coming soon.
— Ben Rothenberg (@BenRothenberg) January 10, 2022
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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