Tennis world No.1 Novak Djokovic will be freed from immigration detention and his visa reinstated.
Federal Court Judge Anthony Kelly ordered on Monday afternoon that the decision to cancel his visa should be quashed and he be paid costs.
The order was made after lawyers for Home Affairs Minister Karen Andrews conceded the decision to proceed with the interview and cancel his visa last week was unreasonable in circumstances.
Djokovic has been told at 5.20am on Thursday that he could have until 8.30am to respond to a notice of intention to cancel his visa. His comments were sought instead at 6.14am.
The decision to cancel his visa was made just over an hour later.
Judge Kelly said if Djokovic had been given until 8.30am he could have consulted others about the decision.
He ordered that Djokovic must be released within 30 minutes of the order being made and that his passport and other personal effects be returned immediately.
The controversy began shortly after Djokovic’s arrival in Australia late on Wednesday, after he declared he had a medical reason not to get vaccinated against COVID-19.
The tennis star’s legal challenge was plagued by technical issues on Monday, with a live stream collapsing under the pressure of tens of thousands of people trying to watch.
Christopher Tran, representing the government, said Immigration Minister Alex Hawke will now consider whether to exercise a personal power of cancellation over Djokovic’s visa.
Judge Kelly said he would have been “something approaching incandescent” had he heard about that after the hearing.
Foreshadowing further potential legal action if that occurs, the judge said the stakes were higher now.
He said it was unlikely any other judge could get up to speed with the case and he would need to know as soon as possible if there was going to be another proceeding on short notice.
He also pointed out that Djokovic’s personal and professional reputation and economic interests may be directly affected.
“If this man is to be summarily removed upon the personal exercise of cancellation power, he cannot return to this country for three years,” he said.
“I expect to be fully informed in advance if I am required to continue to be available for any further proceeding that is to be sought, because on a view, the stakes have now risen rather than receded.”
Comment has been sought from both ministers.
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