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Novak Djokovic news LIVE: Australia cancels visa as tennis star fights deportation in court

Novak Djokovic has had his Australian visa cancelled by the country’s immigration minister, Alex Hawke, and faces deportation from the country just three days before the Australian Open begins. Hawke released a statement saying it was in the “public interest” to cancel Djokovic’s visa. “Today I exercised my power under section 133C(3) of the Migration Act to cancel the visa held by Mr Novak Djokovic on health and good order grounds,” he said.

This is the second time that Djokovic has had his visa revoked and his lawyers have challenged the decision in the court, saying Hawke’s ruling is “patently irrational”. The first decision went to the Federal Circuit and Family Court this week and was quashed by a judge on procedural fairness grounds. Djokovic was released from Border Force detention and began training in Melbourne ahead of the tournament as he chases a men’s record 21st Grand Slam singles title.

However, pressure has been building all week after he broke his silence over a number of accusations of breaking Covid protocol on Wednesday, and he conceded that he broke isolation and conducted an interview with French newspaper L’Equipe despite knowing that he was positive for the virus, such a transgression could result in up to five years in prison if proven that he lied about his positive test.

Follow all the latest news below as Djokovic fights deportation once more.

Novak Djokovic latest news

  • Australia cancels Novak Djokovic’s visa for second time

  • Immigration minister Alex Hawke cites ‘public interest'

  • Djokovic to be detained ahead of key meetings on Saturday and Sunday

  • Djokovic’s legal team call for swift appeal hearing

  • World No1 is scheduled to play in Australian Open on Monday

Murray: Djokovic situation isn’t good for anyone

16:40 , Sarah Rendell

Andy Murray’s time in Australia has been great so far and he added to his winning start as he defeated Reilly Opelka 6-7 6-4 6-4 on Monday.

In the presser after the match, the Scottish star re-iterated his point that the visa situation isn’t good for anyone.

“It’s not a good situation. I’m not going to sit here and start kicking Novak whilst he’s down,” Murray said. “I mean, I said it the other day, it’s not a good situation for anyone.

“It’s unfortunate that it’s ended up in this sort of situation, and who knows? I don’t know what the process is from now. I don’t know what route he goes down, if he can appeal that and how long that takes, and can he still be out practising whilst that process is going on or still competing in the tournament?

“I just want it obviously to get resolved. I think it could be good for everyone if that was the case. It just seems like it’s dragged on for quite a long time now and it’s not great for tennis, not great for the Australian Open, not great for Novak.

“Obviously a lot of people have criticised the government here, as well. It’s not been good.”

Andy Murray refuses to ‘kick Novak Djokovic when he’s down’

What has happened so far?

16:20 , Sarah Rendell

Djokovic’s visa has been cancelled for a second time just ten days after he arrived in Australia.

The first cancellation saw Djokovic win an appeal. However, immigration minister Alex Hawke has cancelled it again on “health and good order grounds” and it has been welcomed by prime minister Scott Morrison.

Djokovic’s representatives have submitted an injunction to block his deportation and Judge Kelly has ruled the government cannot take any action in removing Djokovic until proceedings have finished.

Those proceedings will now take place at the Federal Court of Australia on Sunday, just a day before the Australian Open. Here’s a timeline of what has happened so far:

Timeline of Novak Djokovic’s visa saga in Australia

Courts consider Australian Open timeline

16:00 , Sarah Rendell

Djokovic’s case was heard at a directions hearing earlier today and the player’s lawyers asked for proceedings to be accelerated in order to be done in time for the Australian Open.

These were granted with Djokovic’s team submitting an injunction on Friday rather than Saturday as Judge Kelly first proposed.

But journalist Ben Rothenberg has questioned whether the courts should be taking the timing of the Australian Open into this case. Djokovic will be pleased with the faster actions as he wants to compete in the event on Monday.

But with the case moved to the Federal Court of Australia, the case could potentially be delayed.

What’s coming up in the next few hours?

15:48 , Sarah Rendell

After the hearing today we know the star will be detained over the weekend and a hearing will proceed on Sunday.

We also know he has another interview with immigration issues Saturday morning at 8am AEDT.

But what happens at those events and what could the outcomes be? Here’s a look at what lies ahead for the world no. 1:

Why was Novak Djokovic’s visa cancelled again and what happens now?

Clarification on Saturday hearing

15:42 , Sarah Rendell

The hearing on Saturday morning at 10.15am AEDT will be a directions hearing like the one that took place earlier today.

This time is will be heard in the Federal Court of Australia before another hearing on Sunday which it thought to decide the case.

That will give Djokovic just 24 hours to prepare for his opening match of the Australian Open, if he wins the case.

Serbia react to Djokovic visa cancellation

15:32 , Sarah Rendell

Nemanja Starovic, a senior official in the foreign ministry of Serbia, has said Djokovic is being “treated like a criminal” in Australia.

Djokovic has his visa cancelled for a second time with the case now being moved to the Federal Court of Australia.

Starovic told BBC: “We have seen other tennis players who didn’t respect their mandatory isolation but they haven’t received the same treatment as Novak.”

He added Serbia are asking Australia not to hold Djokovic in a detainment centre again despite it being agreed amongst both parties in a hearing earlier today.

He said: “He doesn’t deserve that. He’s not an illegal migrant. Relations between our two countries have always been friendly and public opinion about Australia was always strong here in Serbia.

“Unfortunately he was treated like a criminal, so this could potentially damaged the relations between two countries.”

What about Raducanu?

15:24 , Sarah Rendell

Djokovic is stealing most headlines at the moment but Emma Raducanu is at the first slam sine her US Open win.

Our reporter Tom Kershaw has written about the pressure she is facing, writing: “Raducanu might have already scaled the mountain, but those players still feel like forbidding giants in front of her.

“What is a realistic goal – if such a thing can even be applied anymore? Raducanu’s opening match, against America’s Sloane Stephens, is an unforgiving test in which victory alone would qualify as a considerable marker. It’s a daunting task that raises some intriguing parallels too. Few had expected an unseeded Stephens to clinch glory at the US Open in 2017 and, amid the swirl of attention and unwanted comparisons to Serena Williams, she failed to win a single match for the remainder of the season.

“By the time she was knocked out in the first round at the Australian Open the following year, her losing streak had extended to eight matches. “Just relax, everybody. It’ll be OK, don’t worry,” she said with a smile and a laugh to a roomful of solemn reporters afterwards. Sure enough, at the French Open a few months later, she reached the final.”

Emma Raducanu can embrace Australian Open debut with few expectations

How did it unfold?

15:18 , Sarah Rendell

Djokovic has been in Australia for almost 10 days and his visa has been cancelled twice.

The first time he was detained at a Melbourne airport as he was viewed as a health risk as he hadn’t had the Covid vaccine. He won an appeal to remain in Australia but immigration minister Alex Hawke had the power to cancel it again.

He exercised his right to do so on Friday but Djokovic and his team are hitting back with the case now heading for the Federal Court of Australia.

But how did he get to this point and why? Here’s all you need to know:

How Novak Djokovic’s Australian visa saga unfolded

​

In other tennis news...

15:13 , Sarah Rendell

Dan Evans has launched a tirade as opponent Aslan Karatsev left the court for a long bathroom break during the deciding set of their semi-final at the Sydney Tennis Classic.

“That’s a f****** embarrassment to the sport, embarrassing. F*** him,” Evans said. “You didn’t apply the rules. You didn’t!”

Evans also addressed the ATP Tour supervisor present on court, shouting: “You guys sit there every week and do nothing.

“No-one on this tour plays tennis without running. You sit there on your walkie-talkie, why do you have that? I want an answer. Have you got an answer? How long was he off the court? Tell me, I want to know.”

Read the full piece:

Dan Evans launches into furious tirade over opponent’s timeout

What has been said today?

15:06 , Sarah Rendell

The initial statement which started today’s series of events was immigration minister Alex Hawke’s declaration he will be re-cancelling Djokovic’s visa.

He said: “Today I exercised my power under section 133C(3) of the Migration Act to cancel the visa held by Mr Novak Djokovic on health and good order grounds, on the basis that it was in the public interest to do so.

“This decision followed orders by the Federal Circuit and Family Court on 10 January 2022, quashing a prior cancellation decision on procedural fairness grounds.

“In making this decision, I carefully considered information provided to me by the Department of Home Affairs, the Australian Border Force and Mr Djokovic. The Morrison Government is firmly committed to protecting Australia’s borders, particularly in relation to the COVID-19 pandemic.

“I thank the officers of the Department of Home Affairs and the Australian Border Force who work every day to serve Australia’s interests in increasingly challenging operational environments.”

 (AP)
(AP)

Scott Morrison was quick to back up the minister and added: “This pandemic has been incredibly difficult for every Australian but we have stuck together and saved lives and livelihoods. Together we have achieved one of the lowest death rates, strongest economies and highest vaccination rates in the world.

“Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected. This is what the Minister is doing in taking this action today.

“Our strongest border protection policies have kept Australians safe, prior to Covid and now during the pandemic.”

At a directions hearing held to show what will happen next in the case, Djokovic’s lawyers accused the government of cancelling the visa in order to not “excite” anti-vaccination groups.

Nick Wood said: “The minister assumes in Mr Djokovic’s favour every single fact that might have been in issue previously, that he’s complied with the law, that he poses only a negligible risk to others, Mr Djokovic has a medical reason not to be vaccinated, and that Mr Djokovic is of good standing.”

At the end of the hearing, Judge Kelly ruled the case will be turned to the Federal Court of Australia. The government cannot take any action to remove Djokovic from the country until proceedings are over. The star will be detained over the weekend with the case thought to be decided on Sunday.

Novak Djokovic to return to detention centre on Saturday morning Novak Djokovic will return to a detention centre at 8am local time on Saturday after the Australian government moved to rescind his visa once more. The Serbian was not detained on Friday night after Immigration Minister Alex Hawke’s decision. But he will likely stay in the Park Hotel on the outskirts of Melbourne once again on Saturday evening. The 34-year-old will firstly meet with immigration officials, before discussions take place with his lawyers to finalise plans for his appeal. Djokovic must then stay in a detention centre before the appeal is heard on Sunday, just hours before he is expected to play his first-round match of the 2022 Australian Open against compatriot Miomir Kecmanović.

14:59 , Jack Rathborn

Novak Djokovic will return to a detention centre at 8am local time on Saturday after the Australian government moved to rescind his visa once more.

The Serbian was not detained on Friday night after Immigration Minister Alex Hawke’s decision. But he will likely stay in the Park Hotel on the outskirts of Melbourne once again on Saturday evening.

The 34-year-old will firstly meet with immigration officials, before discussions take place with his lawyers to finalise plans for his appeal.

Djokovic must then stay in a detention centre before the appeal is heard on Sunday, just hours before he is expected to play his first-round match of the 2022 Australian Open against compatriot Miomir Kecmanović.

Novak Djokovic to return to detention on Saturday morning before appeal

Djokovic prepared to fight to stay

14:56 , Sarah Rendell

After the re-cancellation of his visa it wasn’t known whether Djokovic was going to appeal the decision. Then in a hearing earlier today his legal team said they submit an injunction to stop the government from deporting the star.

He is fighting to remain in the country in order to compete at the Australian Open, which begins on Monday, and he is bidding to win his 21st grand slam. It would be a record in men’s tennis as he is currently tied for the most slams with Rafael Nadal and Roger Federer.

Whether he will be successful in his fight to stay is yet to be seen but he’s throwing everything he has at remaining in Melbourne.

Novak Djokovic fights Australia visa ruling as legal team launch appeal

Saturday hearing

14:49 , Sarah Rendell

From one hearing to another, it’s been confirmed the case will be heard by Justice O’Callaghan on Saturday morning at 10.15am AEDT.

Djokovic is due to be re-interviewed by immigration officials on Saturday at am AEDT before the hearing begins. It’s unclear if this hearing will be the deciding one with it being reported the verdict could come on Sunday.

One thing Djokovic’s camp will be happy about is the move to the Federal Court of Australia doesn’t seem to have impacted the timeline of when the case will be wrapped up.

The star is due to play in the Australian Open on Monday.

What happened at the hearing?

14:41 , Sarah Rendell

There was a Directions Hearing earlier today where the next steps of the case were laid out.

Djokovic’s lawyers laid out their intentions to fight the case for the star to remain in Australia as they believe the reasons behind the cancellation of the visa aren’t warranted. They say immigration minister Alex Hawke conceded Djokovic had an “exemption” and he called him a man of “good standing”. They believe the second cancellation has come as the government do not want to “excite” anti-vaccination groups.

The case was moved to the Federal Court of Australia, something Djokovic’s lawyers tried to prevent, with a hearing set for Sunday. Djokovic will hope it can be wrapped up on that day as he is due to compete at the Australian Open on Monday.

The judge also ruled Djokovic will be in detention over the weekend but that the government cannot take steps towards removing the star until proceedings have concluded. The star will also be involved in another interview with immigration officials on Saturday morning.

“Just go home"

14:34 , Sarah Rendell

Martina Navratilova said, before Djokovic’s visa was re-cancelled, the world no. 1 should “just go home” but he won’t as he wants the “record 21st slam”.

Djokovic is tied with Rafael Nadal and Roger Federer on 20 slams and whoever wins the next claims the record in men’s tennis. However, this is looking less likely for Djokovic to achieve in Melbourne with his visa cancelled again. He is fighting the decision but if he wins he will have a day to prepare for his opening match.

“The best thing for Novak to do I think would be just say ‘you know what, there are too many mistakes, this is not OK and the right thing to do is just to go home,” Navratilova told Sunrise on Thursday. “It’s just the right thing to do, but I don’t think he will do that because he wants that 21st title.”

Martina Navratilova tells Novak Djokovic to ‘go home’ from Australian Open

World reacts to Djokovic news

14:27 , Sarah Rendell

So that is how Serbia have reacted to the news Djokovic’s visa has been cancelled again.

But there’s been talk from across the world form fans, journalists and politicians alike. We will have to wait until Sunday, it’s reported, until we know if Djokovic will compete at the Australian Open.

The star is bidding to defend his title and win a record 21st grand slam. Take a look at what people are saying:

World reacts to Australia cancelling Novak Djokovic’s visa

Nemanja Starovic speaks on Djokovic

14:22 , Sarah Rendell

Nemanja Starovic, a senior official in the foreign ministry of Serbia, has said Djokovic is being “treated like a criminal” in Australia.

Djokovic has his visa cancelled for a second time with the case now being moved to the Federal Court of Australia.

Starovic told BBC: “We have seen other tennis players who didn’t respect their mandatory isolation but they haven’t received the same treatment as Novak.”

He added Serbia are asking Australia not to hold Djokovic in a detainment centre again despite it being agreed amongst both parties in a hearing earlier today.

He said: “He doesn’t deserve that. He’s not an illegal migrant. Relations between our two countries have always been friendly and public opinion about Australia was always strong here in Serbia.

“Unfortunately he was treated like a criminal, so this could potentially damaged the relations between two countries.”

Why does Djokovic not have the vaccine?

14:16 , Sarah Rendell

The world no.1 hadn’t confirmed or denied he had the vaccine until he was asked by Border Force when he entered Australia.

Our reporter Tom Kershaw has written about how Djokovic has articulated his beliefs and what they are.

He wrote: “He is adamant that he can find “basic ways to survive” by tapping into the strength of his own body, be it when fighting a virus or an injury, without needing to resort to outside intervention.

“Sometimes, that belief has elicited comic moments, such as when Djokovic teamed up with Pepe Imaz, a coach-cum-spiritual guide, whose techniques included the power of extremely long hugs. Around that same time, Djokovic began extolling the virtues of telekinesis and telepathy and referred to “gifts from a higher order, the source, the god, whatever, that allows us to understand the higher power and higher order in ourselves”.

Full piece:

Novak Djokovic’s controversial beliefs and why he is opposed to the vaccine

Spain aren’t investigating Djokovic

14:12 , Sarah Rendell

On his travel forms to enter Australia, Djokovic said he didn’t travel anywhere ahead of his trip to the country. However, footage emerged of the star in Spain in December.

The country have said they are not investigating the world no. 1 and Spain’s interior ministry confirmed that in the past day.

“The news is false. Neither the government has ordered it nor is there any police investigation open on the athlete,” a spokesperson told Politico.

Djokovic has blamed his agent for ticking the wrong box on his form which is his reason for the information being incorrect.

Spain denies Novak Djokovic investigation over alleged Covid breach

Should judges be taking time into consideration?

14:09 , Sarah Rendell

Djokovic’s case was heard at a directions hearing earlier today and the player’s lawyers asked for proceedings to be accelerated in order to be done in time for the Australian Open.

These were granted with Djokovic’s team submitting an injunction on Friday rather than Saturday as Judge Kelly first proposed.

But journalist Ben Rothenberg has questioned whether the courts should be taking the timing of the Australian Open into this case. Djokovic will be pleased with the faster actions as he wants to compete in the event on Monday.

But with the case moved to the Federal Court of Australia, the case could potentially be delayed.

Hearing set for Saturday morning

14:02 , Sarah Rendell

A hearing has been set for Saturday morning at 10.15am AEDT to be presided over by Justice O’Callaghan.

This will come after Djokovic’s interview with immigration officials which is set for 8am. It’s unclear what type of hearing this will be with reports suggesting the final hearing will be on Sunday.

Djokovic will hope to win his case so he can compete in the Australian Open on Monday.

What has Morrison said on the second cancellation?

13:56 , Sarah Rendell

Australia’s Prime Minister Scott Morrison has been accused of using the Djokovic situation for political gain. It’s an election year in Australia and it’s been reported he’s using the world no. 1’s deportation to score points.

He was very quick to release a statement after immigration minister Alex Hawke re-cancelled Djokovic’s visa earlier today.

He said: “This pandemic has been incredibly difficult for every Australian but we have stuck together and saved lives and livelihoods. Together we have achieved one of the lowest death rates, strongest economies and highest vaccination rates in the world.

“Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected. This is what the Minister is doing in taking this action today.

“Our strongest border protection policies have kept Australians safe, prior to Covid and now during the pandemic.”

Australian Open talking points

13:51 , Sarah Rendell

Of course the main one is all about Djokovic, will the defending champion have the chance to compete or will he be deported? That is a matter for the courts with a decision thought to be coming on Sunday after a hearing.

But that isn’t the only situation at play ahead of the first slam of the year.

Emma Raducanu, reigning US Open champion, will play in her first slam since and will look to continue her success on the world stage. Meanwhile, Andy Murray was handed a wildcard for the event and has had a winning start to his time in Australia.

He is through to the ATP final for the first time in three years and so he is one to watch at the event.

There are many things to keep on top of before the Open begins on Monday, have a read of the talking points:

Talking points before Australian Open

What lies ahead for Djokovic?

13:47 , Sarah Rendell

After the hearing today we know the star will be detained over the weekend and a hearing will proceed on Sunday.

We also know he has another interview with immigration issues Saturday morning at 8am AEDT.

But what happens at those events and what could the outcomes be? Here’s a look at what lies ahead for the world no. 1:

What next for Novak Djokovic after Australian visa cancelled again?

Will Djokovic be prevented to go to other slams?

13:41 , Sarah Rendell

If Djokovic cannot compete at the Australian Open his record 21st grand slam will have to wait. The next opportunity he will have to secure it is at the French Open in May, then Wimbledon in June/July and finally the US Open in September.

However, there are question marks over travel and unvaccinated players.

While the France sports minister said this week Djokovic could play, the French Tennis Federation said it was too early to confirm health protocols.

British Prime Minister Boris Johnson avoided the question when asked about Wimbledon and organisers are also not providing health protocols yet.

He may also find it a struggle to enter the US with foreign travellers having to be fully vaccinated with proof since November. There have been limited exceptions to that rule.

And if he is deported from Australia, the star could face a ban for three years.

Recap of the hearing

13:36 , Sarah Rendell

There was a Directions Hearing earlier today where the next steps of the case were laid out.

Djokovic’s lawyers laid out their intentions to fight the case for the star to remain in Australia as they believe the reasons behind the cancellation of the visa aren’t warranted. They say immigration minister Alex Hawke conceded Djokovic had an “exemption” and he called him a man of “good standing”. They believe the second cancellation has come as the government do not want to “excite” anti-vaccination groups.

The case was moved to the Federal Court of Australia, something Djokovic’s lawyers tried to prevent, with a hearing set for Sunday. Djokovic will hope it can be wrapped up on that day as he is due to compete at the Australian Open on Monday.

The judge also ruled Djokovic will be in detention over the weekend but that the government cannot take steps towards removing the star until proceedings have concluded. The star will also be involved in another interview with immigration officials on Saturday morning.

Timeline of events

13:27 , Sarah Rendell

Djokovic’s visa has been cancelled for a second time just ten days after he arrived in Australia.

The first cancellation saw Djokovic win an appeal but immigration minister Alex Hawke has cancelled it again on “health and good order ground”

The world no. 1’s representatives have submitted an injunction to block his deportation and judge Kelly has ruled the government cannot take any action in removing Djokovic until proceedings have finished.

Those proceedings will now take place at the Federal Court of Australia on Sunday, just a day before the Australian Open. Here’s a timeline of what has happened so far:

Timeline of Novak Djokovic’s visa saga in Australia

Djokovic’s visa cancelled for a second time

13:00 , Sarah Rendell

The Djokovic visa scandal continues as the Australian government decided to re-cancel the world no.1’s visa on Friday.

The star is challenging the ruling and hopes to compete at the Australian Open. The event starts on Monday and Djokovic is due to play on the opening day.

But the case could face delays after Judge Kelly ruled it would be moved to the Federal Court of Australia. This was something Djokovic’s lawyers were attempting to avoid to save time.

Read up on why the government have cancelled the visa again here:

Australia cancels Novak Djokovic’s visa for a second time

Murray doesn’t want to “kick Djokovic while he’s down"

12:45 , Sarah Rendell

Andy Murray defeated Reilly Opelka 6-7 6-4 6-4 on Monday to reach the ATP final but in his press conference he was asked about Djokovic.

He re-iterated his point that the visa situation isn’t good for anyone.

“It’s not a good situation. I’m not going to sit here and start kicking Novak whilst he’s down,” Murray said. “I mean, I said it the other day, it’s not a good situation for anyone.

“It’s unfortunate that it’s ended up in this sort of situation, and who knows? I don’t know what the process is from now. I don’t know what route he goes down, if he can appeal that and how long that takes, and can he still be out practising whilst that process is going on or still competing in the tournament?

“I just want it obviously to get resolved. I think it could be good for everyone if that was the case. It just seems like it’s dragged on for quite a long time now and it’s not great for tennis, not great for the Australian Open, not great for Novak.

“Obviously a lot of people have criticised the government here, as well. It’s not been good.”

Andy Murray refuses to ‘kick Novak Djokovic when he’s down’

Djokovic to fight second visa cancellation

12:30 , Sarah Rendell

Djokovic’s visa was cancelled for a second time on Friday by immigration minister Alex Hawke.

Lawyers for the player will submit an injunction to stop him being deported Friday night and will attempt to conclude proceedings by Sunday. The Australian Open starts on Monday and Djokovic is due to play on the opening day.

The player will be detained over the weekend and so he will have just 24 hours to prepare if he is successful. If not he will be deported from Australia and possibly banned for three years.

Novak Djokovic fights Australia visa ruling as legal team launch appeal

What happened at the hearing?

12:17 , Sarah Rendell

The hearing seems to be concluded and a lot happened over the proceedings.

Djokovic’s lawyers accused the government of re-cancelling his visa as to not “excite” anti-vaccination groups. They also said that immigration minister Alex Hawke called Djokovic a man of “good standing” and that he conceded the player had an “exemption”.

While Djokovic is currently not detained he will be over the weekend as agreed by both parties. He will also attend an interview with immigration officials on Saturday morning at 8am AEDT.

Judge Kelly ruled the case will go to the Federal Court of Australia. Before proceedings conclude in that court the government cannot take any action to remove Djokovic from Australia.

There will be a hearing on Sunday and if Djokovic wins he will have just 24 hours to prepare for his opening match against Miomir Kecmanovic as the Australian Open confirmed the first matches earlier today.

Djokovic hearing live

12:12 , Sarah Rendell

The proceedings got back underway for a short time.

Both parties have agreed to add a stipulation after the location of where Djokovic will be Saturday morning. This has allowed both parties to agree the detainment of Djokovic.

The reasons for the orders put in place in the session will be published Saturday morning.

Djokovic’s first Australian Open match set

12:09 , Sarah Rendell

The Australian Open have confirmed Djokovic’s first match will be on Monday.

This puts a timeline in place for his lawyers to try and win their case against the second visa cancellation.

The case has been moved to the Federal Court of Australia which could put a delay on proceedings.

Djokovic is currently set to play Miomir Kecmanovic.

Djokovic’s case moved to Federal Court of Australia

12:05 , Ben Burrows

While we wait for proceedings to get underway again, just a recap on the orders from Judge Kelly.

The government cannot make any attempt to remove Djokovic until proceedings are concluded.

The case will move to the Federal Court of Australia, something Djokovic’s lawyers tried to prevent, which means Judge Kelly won’t preside over the case.

Djokovic could be in detention until Sunday morning when there will be another hearing.

Whether this will impact the quick timeline Djokovic’s representatives were looking for is still to be confirmed.

The Australian Open begins on Monday.

Djokovic hearing live

11:56 , Sarah Rendell

There’s a short adjournment as details around the detainment of Djokovic in coming days are discussed by lawyers.

The judge says there will be a note that the detainment of Djokovic will be agreed by both parties. Djokovic’s representatives say they object as nothing has been signed.

Judge Kelly then said “you can’t ask me to broker this” and adjourned the court so they can discuss.

Djokovic hearing live

11:53 , Sarah Rendell

Djokovic will be detained over the weekend with a new hearing on Sunday.

Nick Wood raised concerns about security as the location of Djokovic will be known ahead of the player’s interview on Saturday morning. The judge replied ‘I will not be a party to, or in any way somehow inveigled into the very real possibility of a media circus if that’s what the parties anticipate.

“On mature reflection the obviousness of that circus might have occurred to everyone before 10.55pm on Friday. Don’t put this at my feet.”

Djokovic hearing live

11:49 , Sarah Rendell

Judge Kelly wants Djokovic’s lawyers to submit their submissions and affidavit as soon as possible.

He added immigration minister Alex Hawke cannot take steps to remove Djokovic until proceedings are concluded.

Court reporter Karen Sweeney tweeted: “He [Kelly] says Djokovic should be taken to the interview with immigration officials at 8am tomorrow, then to his lawyers office from 10am until 2pm. Then from 9am Sunday he should be taken back to his lawyers offices for the court hearing - supervised by two ABF officers.”

Most significantly the case will transfer to the Federal Court of Australia.

Djokovic hearing live

11:42 , Sarah Rendell

The hearing is back underway, standby for updates

Morrison’s statement

11:42 , Sarah Rendell

Djokovic’s lawyers have argued in a hearing the Australian government are trying to deport the player so they don’t “excite” anti-vaccination groups.

They believe immigration minister Alex Hawke has conceded Djokovic had an exemption and that he has described the world no. 1 as a man of “good standing”.

However, Hawke said in a statement today he cancelled the visa in “public interest” and on “health and good order grounds”.

Australian PM Scott Morrison said in a statement on the decision: He said: “This pandemic has been incredibly difficult for every Australian but we have stuck together and saved lives and livelihoods. Together we have achieved one of the lowest death rates, strongest economies and highest vaccination rates in the world.

“Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected. This is what the Minister is doing in taking this action today.

“Our strongest border protection policies have kept Australians safe, prior to Covid and now during the pandemic.”

Djokovic case highlights issue

11:36 , Sarah Rendell

Djokovic’s case is being followed by millions of people across the world.

It has brought vaccine status and restrictions into debate. But another issue it has highlights is that of asylum seekers in Australia.

Over 30 people have been detained for over two years since entering the country. The conditions in the detainment centre are said to be “terrible” and the people held there have said they haven't been told when their detainment will end.

“It’s a scandal"

11:30 , Sarah Rendell

We will be bringing you updates from the hearing when proceedings get back underway.

For now there has been reaction from Serbia about Djokovic’s second visa cancellation. Djokovic does intend to fight the government on deportation with the case thought to be concluded on Sunday.

Local Serbian government employee Petar Stojanovic said: “To say that a high-level sportsman like Novak is a danger to the health of Australians is just absurd, it’s a scandal.”

But not all Serbs sharing the same view as former basketball star Milan Majstorovic said: “He is a role model to all of us, but rules must clearly be set.

“I am unsure how big the involvement of the politics is in that.”

Murray doesn’t want to “kick Djokovic when he’s down"

11:25 , Sarah Rendell

Andy Murray has had a successful day in Australia as he has reached the ATP final after fighting back against Reilly Opelka.

After the match, Murray was asked about Djokovic’s cancellation and said: “It’s not a good situation. I’m not going to sit here and start kicking Novak whilst he’s down. I mean, I said it the other day, it’s not a good situation for anyone.

“It’s unfortunate that it’s ended up in this sort of situation, and who knows? I don’t know what the process is from now. I don’t know what route he goes down, if he can appeal that and how long that takes, and can he still be out practising whilst that process is going on or still competing in the tournament?

“I just want it obviously to get resolved. I think it could be good for everyone if that was the case. It just seems like it’s dragged on for quite a long time now and it’s not great for tennis, not great for the Australian Open, not great for Novak.

“Obviously a lot of people have criticised the government here, as well. It’s not been good.”

Andy Murray refuses to ‘kick Novak Djokovic when he’s down’

Djokovic to fight second visa cancellation

11:14 , Sarah Rendell

The hearing is still adjourned and is expected to commence shortly.

In the meantime, have a read of what has been happening today in Djokovic’s case and what it all means.

Djokovic has had his visa cancelled once again by the Australian government but he does intend to fight them on it in order to compete at the Australian Open. The event begins on Monday with Djokovic’s first match on Monday or Tuesday night.

Novak Djokovic fights Australia visa ruling as legal team launch appeal

Djokovic hearing live

11:11 , Sarah Rendell

Djokovic may not be currently detained but the government suggested he could be on Saturday.

This would happen before the interview with immigration officers at 8am AEDT. He could be permitted to go to his lawyers offices as long as Border Force officers were allowed on the same floor.

He would then go back to detention at midday on Saturday.

Djokovic hearing live

11:09 , Sarah Rendell

The hearing is still adjourned but it is worth noting the government representative, Mr Lloyd, said they could accommodate an accelerated timeline.

Djokovic’s lawyers were clear they wanted proceedings wrapped up by Sunday as the player is due to compete in his first match at the Australian Open either Monday or Tuesday night.

If Djokovic is permitted to stay in the country he will be bidding to win a record 21st grand slam.

Djokovic hearing live

11:02 , Sarah Rendell

The hearing has adjourned and is expected to return shortly.

This is a good opportunity to sum up what has happened so far.

Djokovic’s lawyers intend to submit an injunction at 10.15pm AEDT to block Djokovic’s deportation. The government have agreed to not deport the world no. 1 until legal proceedings have concluded.

The player’s representatives also argue the immigration minister Alex Hawke wants to prevent Djokovic from playing in the Australian Open to not “excited” anti-vaccination groups.

The full reasons from Hawke have not been published but this is what Nick Wood, lawyer for Djokovic, said: “The present set of reasons is starkly different [from the first cancellation].

“The minister assumes in Mr Djokovic’s favour every single fact that might have been in issue previously, that he’s complied with the law, that he poses only a negligible risk to others, Mr Djokovic has a medical reason not to be vaccinated, and that Mr Djokovic is of good standing.”

Djokovic is also not being held in detention and is expected to attend a meeting with immigration officials on Saturday at 8am AEDT.

Djokovic hearing live

10:57 , Sarah Rendell

Nick Wood has re-iterated his standpoint on Alex Hawke’s decision to re-cancel the visa.

He says Hawke’s decision is “irrational”.

Wood said: “The present set of reasons is starkly different. The minister assumes in Mr Djokovic’s favour every single fact that might have been in issue previously, that he’s complied with the law, that he poses only a negligible risk to others, Mr Djokovic has a medical reason not to be vaccinated, and that Mr Djokovic is of good standing.”

Djokovic hearing live

10:51 , Sarah Rendell

Judge Kelly is pointing out confusion which needs to be cleared up. He says it’s known Djokovic hasn’t been vaccinated and was allowed to travel on the assumption having Covid was an exemption.

He says this matter has not been cleared up (as to if it is an exemption).

Djokovic hearing live

10:43 , Sarah Rendell

Government representatives says they can accommodate accelerated timeline.

They won’t be deporting Djokovic yet and will wait until legal proceedings are over. So Djokovic’s lawyers will have their opportunity to seek the world no. 1’s stay in Australia.

They add Djokovic won’t be detained tonight as long as he attends a meeting tomorrow.

Djokovic hearing live

10:36 , Sarah Rendell

Djokovic’s lawyers are now saying immigration minister Alex Hawke has used different reasons to cancel his visa to that of the first cancellation.

The reasons for the first cancellation was that Djokovic was a risk to others as he isn’t vaccinated.

But now Hawke says he has limited risk to others as he recently had Covid. In documents Hawke has reportedly called Djokovic a man of “good standing” and concedes he has an “exemption”.

The lawyers say they believe a consideration why Hawke has decided to cancel the visa is to not aggravate anti-vaccination sentiments.

Djokovic hearing live

10:24 , Sarah Rendell

Djokovic’s lawyers are bidding to block Djokovic’s deportation.

Nicholas Wood SC says an injunction will be submitted by 10.15pm AEDT and they are keen to get proceedings rolling in order to get Djokovic to play.

They are clear it’s even more time sensitive as Djokovic’s first match at the Australian Open will be on either Monday or Tuesday night.

Djokovic hearing live

10:21 , Sarah Rendell

Djokovic’s representatives have confirmed he has not been put into detention.

It’s not proposed by the government to re-detain Djokovic on Friday. He has been asked to attend a meeting on Saturday morning at 8am AEDT.

The lawyers want time with Djokovic tomorrow.

They want to file applications tomorrow and a submissions tomorrow midday AEDT. They would then want the hearing to go ahead on Sunday, a day ahead of the Australian Open.

“We are very concerned about time.”

Djokovic hearing live

10:15 , Sarah Rendell

Djokovic’s lawyers suggest they don’t want the case to be transferred to the Federal court as it will eat up time ahead of the tournament.

They want Judge Kelly to keep the case in the current court, Federal Circuit and Family Court, in order to make the most of time they have before the Australian Open on Monday.

It’s clear Djokovic is determined to compete.

Djokovic hearing live

10:12 , Sarah Rendell

Djokovic’s lawyers want the timeline to be faster,

They have just said: “We are ambitious on timing than you honour had in mind. We think we will be in a position to file a written application at 10.15 tonight.”

It’s clear Djokovic’s lawyers want this wrapped up as soon as possible. The Australian Open beings on Monday and so it’s clear why they would want to seek an end to the matter quickly.

Djokovic hearing live

10:08 , Sarah Rendell

Judge Kelly: “It seems to me necessary to address a number of issues which could be dealt with by a way of undertaking or court order.”

He named a “interim injunction”, transfer, direction of parties for applications for transfer of proceedings and costs as issues.

Djokovic hearing live

10:00 , Sarah Rendell

Judge Kelly has highlighted some paragraphs on a document from the government under a section highlighted “sensitivities”.

He said he was concerned about them but refrained from reading them out loud - probably mindful of press and supporters watching the hearing. There are now over 35,000 people watching.

So far a lot of legal talk, more updates coming as soon as we have it.

Hearing underway

09:52 , Sarah Rendell

The hearing has now started, stay tuned for updates.

Recap of events

09:51 , Sarah Rendell

The hearing was due to start at 9.45am GMT but it is yet to get underway so here’s a recap of events while we wait.

Djokovic’s visa was re-cancelled by immigration minister Alex Hawke earlier today as it was in the “public interest” to do so. It’s thought the world no.1 is being held in a hotel.

Australian PM Scott Morrison said in a statement: “Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected. This is what the Minister is doing in taking this action today.”

It’s unclear what Djokovic will do next and the hearing that should get underway shortly should outline the next steps.

Thousands on stream for Djokovic hearing

09:44 , Ben Burrows

Thousands of people are streaming the Djokovic hearing, which is due to take place at 9.45am GMT.

It’s a directions hearing is set to outline next steps of where the case can go. It’s not been revealed if Djokovic will appeal the decision but it is thought to be the likely option.

The Serb has already had his visa cancelled and won an appeal this week in what has been an unprecedented situation for the tennis star.

Hearing to get underway shortly and you can watch here.

Murray doesn’t want to “kick Djokovic while he’s down"

09:40 , Sarah Rendell

After winning a thrilling match at the ATP to reach the final, Andy Murray refused to criticise Djokovic and he “didn’t want to kick him while he’s down”.

Murray defeated Reilly Opelka 6-7 6-4 6-4 on Monday and re-iterated his point that the visa situation isn’t good for anyone.

“t’s not a good situation. I’m not going to sit here and start kicking Novak whilst he’s down,” Murray said. “I mean, I said it the other day, it’s not a good situation for anyone.

“It’s unfortunate that it’s ended up in this sort of situation, and who knows? I don’t know what the process is from now. I don’t know what route he goes down, if he can appeal that and how long that takes, and can he still be out practising whilst that process is going on or still competing in the tournament?

“I just want it obviously to get resolved. I think it could be good for everyone if that was the case. It just seems like it’s dragged on for quite a long time now and it’s not great for tennis, not great for the Australian Open, not great for Novak.

“Obviously a lot of people have criticised the government here, as well. It’s not been good.”

Hearing available to watch

09:35 , Sarah Rendell

Djokovic is reported to be going in front of a judge in under 20 minutes time in a directions hearing.

That will allow for the next steps to be revealed in this ongoing case which has put tennis and Australia in the spotlight. Supporters can watch the hearing on YouTube.

It’s unknown as to whether the world no.1 will appeal the decision but it’s thought to be likely as he wants to compete for a record 21st grand slam at the Australian Open.

Hearing to happen shortly

09:31 , Sarah Rendell

Reports are coming in that there will be a directions hearing at the Federal Circuit Court in 20 minutes.

A directions hearing is a short court appearance where orders around the case are made about what should happen next. It’s unknown whether we will know if Djokovic intends to appeal the re-cancellation of his visa but the next steps will be laid bare for the player.

It’s been suggested immigration minister Alex Hawke made the decision on his visa late in the day in order to give him a limited chance to compete at the Australian Open. Those reports haven’t been confirmed but it’s also thought his lawyers will be requesting a trial that concludes on Sunday.

The tennis event begins on Monday and Djokovic is the top seed in the men’s event.

When did Djokovic find out about visa re-cancellation?

09:25 , Sarah Rendell

Djokovic had his visa re-cancelled earlier today which could see him deported from Australia and potentially banned for three years.

It’s been reported the tennis player’s lawyers only found out about the news 20 minutes before it was made public, according to The Age.

It’s not yet been confirmed if they will appeal the decision but it is thought to be the likely outcome. The representatives for the world no.1 will aim to conclude the appeal by Sunday if possible to give Djokovic the best chance at competing at the Australian Open.

The event begins on Monday, Djokovic is the top seed for the men’s event, and the star was aiming to defend his title and win a record 21st grand slam.

Will Djokovic be held in detention?

09:17 , Sarah Rendell

There have been conflicting reports about whether, now Djokovic’s visa has been re-cancelled, if he will be held in detention until a decision is made on an appeal.

At the moment it’s believed the star is being held at a hotel. But former deputy secretary of the Immigration Department, Abul Rizvi, says Immigration minister Alex Hawke could decide to not put the star in detention.

He told ABC News: "The minister [Alex Hawke] can, if he chooses to, release Mr Djokovic on a bridging visa, if he decides that is appropriate in the circumstances, that is not impossible.

"But, given the government is determined to show it's strong on borders and it's tough on these issues, perhaps that's not a choice the minister will make."

It’s currently unclear if Djokovic will appeal the decision but it’s thought to be likely. The process will have to happen quickly if it does go ahead as the Australian Open begins on Monday.

Morrison accused of using Djokovic situation

09:12 , Sarah Rendell

Australian Prime Minister Scott Morrison has been accused by people in politics and the sporting world of using Djokovic’s situation for political gain.

This is an election year for Australia and so some have said Morrison is trying to gain points from his actions during the via controversy. Djokovic has his visa cancelled for a second time earlier today and faces deportation from Australia.

Morrison quickly reacted, putting out this statement: He said: “This pandemic has been incredibly difficult for every Australian but we have stuck together and saved lives and livelihoods. Together we have achieved one of the lowest death rates, strongest economies and highest vaccination rates in the world.

“Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected. This is what the Minister is doing in taking this action today.

“Our strongest border protection policies have kept Australians safe, prior to Covid and now during the pandemic.”

What happens if Djokovic doesn’t appeal?

09:01 , Sarah Rendell

It is expected for Djokovic to appeal the decision to re-cancel his visa with reports suggesting his lawyers are bidding for a swift trial.

However, if they decide not to appeal what will happen next? Djokovic would be deported and may be banned from getting another visa to Australia for the next three years, though this doesn’t apply to all cases, according to ABC News.

The news of the re-cancellation has come as a surprise to some including former deputy secretary of the Immigration Department, Abul Rizvi.

He said it was a “high wire act from the government”.

“At stake is Australia’s international reputation. At stake is the government’s reputation if it loses this case, which will now go to judicial review,” Mr Rizvi told ABC Radio Melbourne.

“I have no doubt Mr Djokovic’s lawyers will take this urgently to the courts.”

Spain not investigating Djokovic

08:55 , Sarah Rendell

On his travel forms to enter Australia, Djokovic said he didn’t travel anywhere ahead of his trip to the country. However, footage emerged of the star in Spain in December.

The country have said they are not investigating the world no. 1 and Spain’s interior ministry confirmed that in the past day.

“The news is false. Neither the government has ordered it nor is there any police investigation open on the athlete,” a spokesperson told Politico.

Djokovic has blamed his agent for ticking the wrong box on his form which is his reason for the information being incorrect.

Spain denies Novak Djokovic investigation over alleged Covid breach

More developments

08:51 , Sarah Rendell

It’s been reported Djokovic won’t be held in detention until the pending legal issue is over and a new interview is carried out.

The Serb has been asked to participate in an interview with immigration officials on Saturday, as reported by The Age. The government are in talks with his lawyers and it’s expected an appeal to the decision will come.

It’s thought Djokovic’s representatives will push for a streamlined trial with the aim to have it concluded by Sunday. This is in the hope the player wins and will be able to compete at the Australian Open which begins on Monday.

The re-cancellation of his visa could see Djokovic’s bid to claim a record 21st grand slam be delayed with his next opportunity being the French Open in May.

Hawke’s handling of situation “absolute shambles"

08:47 , Sarah Rendell

Melbourne-based immigration lawyer Kian Bone said Djokovic's lawyers face an "extremely difficult" task to get court orders over the weekend to allow their client to play next week.

Speaking hours before Hawke's decision was announced, Bone said: "If you left it any later than he has done now, I think from a strategic standpoint, he's really hamstringing Djokovic's legal team, in terms of what sort of options or remedies he could obtain."

Djokovic's lawyers would need to go before a duty judge of the Federal Circuit and Family Court, or a higher judge of the Federal Court, to get two urgent orders. One order would be an injunction preventing his deportation, such as what he won in court last week. The second would force Hawke to grant Djokovic a visa to play.

"That second order is almost not precedented," Bone said. "Very rarely do the courts order a member of the executive government to grant a visa."

Jacqui Lambie, an influential independent senator, argued that Djokovic should be sent packing if he had broken Australia's vaccine rules. But hours before the visa cancellation was announced, she complained about how long Hawke was taking to reach a decision.

"Why does this keep dripping out of the tap? Alex Hawke, where are you? Missing in action?" Lambie asked.

"If you can't make a decision on Novak Djokovic, goodness me, how are you guys running the country? This is an absolute shambles," she added.

What have other players said?

08:43 , Sarah Rendell

Before the decision to re-cancel Djokovic’s visa came this morning, the number four seed for the Australian Open criticised his colleague for the visa saga.

He accused the world no,1 of playing by his own rules and making vaccinated players “look like fools”.

“For sure he has been playing by his own rules, doing something not many players have the guts to go and do. Especially after ATP announced certain criteria to enter the country,” the Greek player told WIO News.

“Nobody would have thought I could come to Australia unvaccinated and not follow the protocols they gave me. It takes a lot of daring to do, and putting the Grand Slam at risk. I don’t think many players could do that. I chose to go and be 100 percent ready for whatever was to come and not have to think about anything else.

“For me it worked in one way, for Novak another way, it doesn’t mean mine is the right one and Novak’s is the wrong one. It’s just each person’s perception.

“There are two ways to look at it. Every single player almost, the stats say 90 percent of the players have been vaccinated and did what they had to do to come and perform in Australia. One side of it is we followed the protocols to compete in Australia and been very disciplined in that part.

“The other sense I’d say it kind of seemed like not everybody is playing by the rules. A very small majority of that percentage chose to follow their own way. It makes the majority look like they’re all fools or something.”

Novak Djokovic ‘playing by his own rules’ in visa saga, Stefanos Tsitsipas claims

Morrison speaks on decision

08:31 , Sarah Rendell

Australian Prime Minister Scott Morrison has made a statement on Djokovic’s visa being cancelled again.

He said: “This pandemic has been incredibly difficult for every Australian but we have stuck together and saved lives and livelihoods. Together we have achieved one of the lowest death rates, strongest economies and highest vaccination rates in the world.

“Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected. This is what the Minister is doing in taking this action today.

“Our strongest border protection policies have kept Australians safe, prior to Covid and now during the pandemic.”

How did the Djokovic saga unfold?

08:24 , Sarah Rendell

Ten days ago Djokovic announced he was to travel to Australia on a medical exemption in order to compete at the Australian Open.

Since then the star has had his visa cancelled, won an appeal, started to prepare for the tournament, hit with more criticism and questions and then had his visa cancelled again.

So much has happened in a short space of time and so how has this situation panned out? Here’s a recap:

How Novak Djokovic’s Australian visa saga unfolded

Alex Hawke’s full statement

08:21 , Sarah Rendell

Australia’s Immigration minister Alex Hawke was the person in government with the power to cancel Djokovic’s visa again.

He has said he did so on “health and good order grounds” with the knowledge that the tennis player does not have the Covid vaccine.

His statement read: “Today I exercised my power under section 133C(3) of the Migration Act to cancel the visa held by Mr Novak Djokovic on health and good order grounds, on the basis that it was in the public interest to do so.

“This decision followed orders by the Federal Circuit and Family Court on 10 January 2022, quashing a prior cancellation decision on procedural fairness grounds.

“In making this decision, I carefully considered information provided to me by the Department of Home Affairs, the Australian Border Force and Mr Djokovic.

“The Morrison Government is firmly committed to protecting Australia’s borders, particularly in relation to the COVID-19 pandemic.

“I thank the officers of the Department of Home Affairs and the Australian Border Force who work every day to serve Australia’s interests in increasingly challenging operational environments.”

What are the latest developments?

08:19 , Sarah Rendell

If you’re just joining us this morning here is what has happened in the Djokovic case in Australia.

The government have decided to re-cancel his visa after already terminating it once when Djokovic arrived in the country. Immigration minister Alex Hawke used his power to cancel the visa on “health and good order grounds” which has meant the world no. 1 is being held in a hotel.

It’s expected Djokovic will appeal the decision with it being reported his lawyers want a streamlined trial in order to give the Serb the best chance of being able to compete at the Australian Open.

Full story:

Australia cancels Novak Djokovic’s visa for a second time

Novak Djokovic news

08:14 , Lawrence Ostlere

Novak Djokovic has had his Australian visa cancelled by the country’s immigration minister. This is the second time that the tennis star has had his visa revoked and his lawyers are expected to challenge the decision in the court, but as things stand the Serbian faces deportation from Australia.

Announcing his decision, Immigration minister Alex Hawke said: “Today I exercised my power under section 133C(3) of the Migration Act to cancel the visa held by Mr Novak Djokovic on health and good order grounds, on the basis that it was in the public interest to do so.”

The men’s world number one broke his silence over a number of accusations of breaking Covid protocol on Wednesday, and he conceded that he broke isolation and conducted an interview with French newspaper L’Equipe despite knowing that he was positive for the virus, such a transgression could result in up to five years in prison if proven that he lied about his positive test.