Rarely can a victory have felt more provisional to Novak Djokovic. On the face of it, Djokovic has been cleared to begin the defence of his Australian Open title next week after a Melbourne court ruled that the revocation of his visa was unfair and ordered his immediate release from detention.
But the Serb, a man more accustomed to the satisfying sense of closure that comes with lifting trophies than the labyrinthine twists of the Australian legal system, may yet see his bid to win a record 21st grand slam title derailed. At the end of a chaotic court hearing that began with live-stream glitches and ended with police using pepper spray to disperse Serbian fans outside his lawyers’ office, the government’s legal team indicated that Djokovic’s visa could be cancelled anew at the discretion of Alex Hawke, the country’s immigration minister. Should that happen, Djokovic would potentially be barred from re-entering Australia for three years.
For now, though, the world No 1 can feel vindicated by the more decisive verdict of Judge Anthony Kelly, who ruled that the revocation of Djokovic’s visa at Melbourne airport following eight hours of questioning was unreasonable, and said the player should be released from detention within 30 minutes of his late afternoon decision.
“We all play by the same rules,” said Judge Kelly. “Those rules were not observed.”
The actions of Australian Border Force officials who intercepted Djokovic after his flight from Dubai touched down in Melbourne early last Tuesday were central to that finding. Having shown documentation to prove that Tennis Australia had granted him a medical exemption to enter the country, Djokovic was made to wait for over three hours before his interviewer returned at 3.55am to inform him of the proposed cancellation of his visa. When Djokovic asked for more time to respond, he was told he could have until 8.30am to contact Tennis Australia – only for his visa to be cancelled at 7.42am. One minute later, he was informed that he was being detained.
“The point I am somewhat agitated about,” said Judge Kelly, “is what more could this man have done?”
No sooner had Djokovic been released from detention than pictures surfaced of him on Rod Laver Arena, his preparations for the season’s first slam underway despite the lingering possibility of further problems.
“I’m pleased and grateful that the Judge overturned my visa cancellation,” he wrote on Twitter. “Despite all that has happened, I want to stay and try to compete at the Australian Open. I remain focused on that. I flew here to play at one of the most important events we have in front of the amazing fans.
Whether things will work out that way remains to be seen. Throughout this unsavoury saga, it has been hard to escape the sense that Djokovic has become a pawn in a wider political game. With an election in the offing and his approval rating plummeting, there is more than just pride on the line for Scott Morrison, the Australian prime minister. When Djokovic’s visa was cancelled, Morrison was quick to play to the gallery. “Rules are rules,” he solemnly intoned, “especially when it comes to our borders.”
Having lost the battle in the courts, attracting widespread ridicule in the process, Morrison may now take the nuclear option to win the war. Under Australia’s Migration Act, Hawke, an acknowledged ally of the prime minister, has the power to revoke Djokovic’s visa again regardless of the court ruling. “The minister is currently considering the matter and the process remains ongoing,” said a spokesman for Hawke.
For Djokovic, the potential ramifications of such a move could be huge. Level with Roger Federer and Rafael Nadal on 20 grand slams, the Serb is desperate to go down as the most successful men’s player in history. The Australian Open, where he has won nine titles and is the defending champion, has been fundamental to the pursuit of that ambition; a three-year ban from the country, the automatic consequence of a late intervention by Hawke, could be even more so.
As Judge Kelly put it, “The stakes have now risen rather than receded.”