Gatekeepers News reports that Federal Court Judge Anthony Kelly has ordered the 34-year-old Serbian to be freed from detention at Melbourne’s Park Hotel by no later than 5.46 pm on Monday.
Judge Kelly did not even have to make a ruling as the Australian Government agreed to revoke the decision to cancel his visa.
Last Wednesday, the Australian Border Force made a procedural error when officers first stopped Djokovic at the city’s airport, and this became the heart of the case.
They refused to give Djokovic an acceptable amount of time to consult with his legal team after notifying him of their intent to cancel his visa, with the tennis star given little to no sleep and no ability to consult with his lawyers.
Judge Kelly said, “We all play by the same rules… those rules were not observed.” The message is not all that different from Prime Minister Scott Morrison’s statement hours after Djokovic was initially given his marching orders.
At the time, Morrison said, “Rules are rules, especially when it comes to our borders. No one is above these rules.”
The Serbians supporters had high hopes for the case after Judge Kelly said he was ‘agitated’ learning all the steps the Djokovic took to assure he’d be welcome in Australia and free to play his favourite Grand Slam.
Judge Kelly said, “A professor and qualified physician provided the applicant a medical exemption, the basis of which was given by an independent expert panel established by the state government… that document was in the hands of the delegate.
“The point I’m somewhat agitated about is, what more could this man have done?”
While the world No.1 is now free to begin training again and remain in Australia, the case has prompted fierce backlash online as many say the incompetence of the Australian government has been thrust into the spotlight.
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