January 10 Djokovic Australia visa hearing news

Novak Djokovic during the Davis Cup semi final between Serbia and Croatia at Madrid Arena on December 03, 2021 in Madrid, Spain.

Despite the positive news for tennis star Novak Djokovic on Monday, whether he will be able to compete in the Australian Open later this month still remains unclear.

If Djokovic is allowed to stay, when will he play? Following his release from detention, the Serbian tennis star has returned to training, according to his brother. Djokovic has made clear in a series of tweets that he still intends to play in the tournament.

We don’t know yet when Djokovic’s first match would be, but the main draw is on is Thursday January 13.

Will the Australian Open intervene and cancel his visa? Given that the Australian Open invited Djokovic to play in the tournament, this seems unlikely.

Djokovic has won the Australian Open a record nine times in his career.?The 34-year-old Serbian?has also won 20 grand slam singles titles – an achievement matched by Rafael Nadal and Roger Federer. If he were to win the tournament, he would break the all-time men’s singles grand slam record.

Novak Djokovic holds the Norman Brookes Challenge Cup as he celebrates victory in the men’s singles final against Daniil Medvedev of Russia on day 14 of the 2021 Australian Open last February.

On Monday, a judge in Melbourne ruled that Novak Djokovic should be released from detention, and the government’s cancelation of his visa was overruled.

But Australia’s?Immigration Minister Alex Hawke?still has the power to cancel the visa, however, and is “currently considering the matter,” according to a statement from his office.

So what does Djokovic stand to lose if he is not allowed to stay in Australia and compete?

Djokovic has won the Australian Open a record nine times in his career.?The 34-year-old Serbian?has also won 20 grand slam singles titles – an achievement matched by Rafael Nadal and Roger Federer.

If Djokovic were to participate in, and win, the Australian Open, he would break the all-time men’s singles grand slam record, beating his rivals and bolstering the claim that he is the best men’s tennis player of all time.

But will his legacy off the court —?notably what has happened to him since the start of the pandemic?— also impact his sporting legacy?

Djordje Djokovic speaks during a news conference on January 10 in Belgrade, Serbia.

Novak Djokovic did test positive for Covid-19 on December 16, his brother Djordje confirmed at a family news conference in Belgrade.

Speaking in English, Djordje said “Yes, the whole process was public and all the documents were public and legal.”

The brother dodged a final question from a reporter, who asked if Djokovic had been at an event on December 17, by ending the news conference.

Sat next to his son, Djordje and Novak’s father Srdjan?Djokovic can be heard telling Djordje “it is for the court” when the question is asked.

What’s the timeline? Djokovic tested positive for Covid-19 on December 16. That same day, he was photographed at three events, where none of the other participants are masked. The following day, he was also photographed at a youth awards event.

A man after being?pepper?sprayed during a rally supporting Serbian tennis player Novak Djokovic, in Melbourne, Australia, on January 10.

Police in the Australian city of Melbourne used pepper spray against Novak Djokovic supporters on Monday afternoon, after the tennis star had his visa cancelation quashed by a court.?

Crowds were celebrating outside Djokovic’s lawyers’ office in Melbourne. Wearing Serbian flags and chanting “Free Novak!” the supporters blocked traffic in the city.

Some of the fans then followed a black car that emerged from the office building, with one man jumping on the vehicle. Police then used pepper spray to diffuse the crowds and some of the demonstrators responded by throwing water bottles back at officers.?

From left to right, Serbian tennis player Novak Djokovic's mother Dijana, father Srdjan and brother Djordje hold a news conference in Belgrade, on Monday, after a judge in Australia overturned the cancelation of the tennis star's visa.

Djokovic’s father Srdjan Djokovic has said that his son’s “human rights were taken away from him.”

“They waited for him at the airport, he had no rights … all his human rights were taken away from him,” he said at Monday’s Djokovic family news conference in Belgrade .

“He finally got in contact with his team of lawyers and he had a great defense team … they did such a good job that they are not going to deport him in the end,” the tennis star’s father said.

Srdjan heaped praise on the judge who ruled in favor of his son, adding that he did an “excellent job.”

He went on to praise his son as an “amazing young man who never harmed anyone.”

Deportation worries: Meanwhile, the player’s mother Dijana Djokovic said she is “very worried” her son may still get deported.

“This situation has been very difficult,” she said, adding: “we tried really hard to fight for him.”

“We could not call him they took his telephone from him,” she said. “You can imagine what we have gone through in the past few days,” she added.

At a Belgrade press conference, the brother of Novak Djokovic thanked supporters of the tennis star and said he hoped Novak would come out of this as a champion.

“Everything is completed, finally, and Novak is finally free. Novak was on the tennis court a little earlier, he trained a little bit, and this is how he fights for himself — he plays tennis,” Djordje Djokovic told the news conference.

“Novak did nothing wrong,” he added, saying he was thrilled that” the Australian legal system had come through for Novak.”

Novak Djokovic has tweeted that he is “pleased and grateful” that a judge quashed the Australian government’s decision to cancel his visa. He said that “despite all that has happened,” he wants to remain in country to “try to compete” in the Australian Open.

He also thanked his supporters for standing with him and encouraging him to “stay strong.”

Serbian tennis fans celebrate at Collins Street as they wait for Djokovic to leave on January 10, 2022 in Melbourne, Australia.

If you’re just joining us, here’s a recap of events that have led up to now.

According to Djokovic’s affidavit:

Rafael Nadal of Spain reacts on point during his men's singles match against Ricardas Berankis of Lithuania at the Melbourne Summer Set tennis tournament in Melbourne on January 6, 2022.

Rafael Nadal has described the ongoing controversy with his rival Novak Djokovic as “a circus.”

“Whether or not I agree with Djokovic on something, justice has spoken and has said he has the right to participate in the Australian Open and I think it is the fairest decision to do so,” Nadal told Spanish radio station Onda Cero on Monday.

Nadal last week said that he feels “sorry” for?Djokovic?ahead of the Australian Open but added that his rival has long been aware of the vaccine requirement to play in the tournament.

Djokovic is tied with Nadal and Roger Federer on 20 grand slam titles.

Nadal joked Monday: “Well, on a personal level, I much prefer he doesn’t play!”

Virus has “changed our lives”: Nadal said that despite the “circus” that had been created around Djokovic, that he had no doubt about the seriousness of Covid-19.

“There’s something that’s clear, for all the debate that there may be, which is that there are millions of deaths worldwide, because of a virus – this is a reality,” he said

Nadal added that when it came to health he sought to listen to those that knew more than he did.

“I know about tennis, less about other things,” he said.

“I don’t feel more intelligent or less intelligent for doing it,” he said, reiterating that he believed people should be afforded a choice, while adding that actions have consequences.

Novak Djokovic had not been detained in Australia, according to the office of immigration minister Alex Hawke.

Minister for?Immigration?Alex?Hawke?at a press conference at Parliament House in Canberra, Wednesday, October 20, 2021.

Australia’s Minister of Immigration still has the power to cancel Novak Djokovic’s visa to play in the Australian Open, following the success of the tennis player’s appeal against deportation earlier on Monday.

A spokesperson for the Immigration Minister, Alex Hawke, released a statement on Monday evening:

Srdan Djokovic, father of Serbian tennis player Novak Djokovic, attends a rally in front of Serbia's National Assembly in Belgrade, on January 6, 2022.

Novak Djokovic’s family will hold a news conference in Serbian capital Belgrade at 12 p.m. local time (6 a.m. ET), according to a statement posted by his father on Instagram.

Nick Kyrgios of Australia speaks to the media during Day 8 of the 2022 ATP Cup in Sydney on January 8.

Australian tennis player Nick Kyrgios has tested positive for Covid-19, he confirmed in a post to his Instagram story on Monday.

“I just want to be open and transparent with everyone, the reason I have had to pull out of Sydney is because I tested positive for Covid,” Kyrgios said on Instagram.

He said still wants to compete in the Australian Open.

On Friday Kyrgios criticized the “really bad” treatment of Novak Djokovic.

“Look I definitely believe in taking action, I got vaccinated because of others and for my mums (sic) health, but how we are handling Novak’s situation is bad, really bad,” Kyrgios wrote on?Twitter?on Friday.

“Like these memes, headlines, this is one of our great champions but at the end of the day, he is human. Do better.”

Crowds have gathered in front of the offices of Djokovic’s lawyers in Melbourne, with both protesters and members of the press in attendance.

Many among the crowd are Serbian Australians and supporters of the tennis player, waving Serbian flags and shouting messages of support. Videos from the ground show people playing music with drums and accordions, with chants of “Free Novak” in the background.

‘They should let him out, they are dragging it too much,” said 15-year-old Tamara Grmusa at the gathering. “We will never stop fighting for him.”

Djokovic said he knew of his Covid-positive test result on December 16 in a sworn affidavit published by the Federal Circuit Court of Australia Monday.??

“On 16 December 2021, I was tested and diagnosed with SARS-CoV-2 (COVID),” Djokovic’s affidavit read.??

Multiple images posted by the Novak Djokovic Foundation’s social media accounts show Djokovic, who wasn’t wearing a mask, participating in a panel discussion in front of an audience on the same day.

Djokovic and the participants were not wearing masks in the images.?

On December 17, the Belgrade Tennis Association’s Facebook page then posted various photos of Djokovic posing with a group of young people at a tennis awards ceremony.?

One photo shows at least 26 mostly young people posing with him. Local Serbian media widely reported that Djokovic participated in the youth awards event.

On the same day, Djokovic later posted a photograph of himself with a plaque on his official Instagram account.

The headline of this post has been updated to reflect that Djokovic knew of his positive test one day before the December 17 event.

Documents released by the court on Monday after the verdict reveal the timeline that led to this event. According to Djokovic’s affidavit:

One of the refugees detained in the Park Hotel immigration facility where Novak Djokovic was previously held said he was “really happy” for the tennis star, “because he doesn’t deserve detention.”

Adnan Choopani, 24, arrived in Australian waters in 2013 after the government announced that no asylum seeker who entered by boat would ever be allowed to stay.

Choopani was 15 years old when his family urged him to flee Iran.

More than 8 years on, he’s still fighting for his freedom.

His case is currently working its way through the Federal Circuit Court, with his lawyers arguing he should be allowed to live in the community until his removal to a third country.

Choopani says the men inside Park Hotel hope the world’s top tennis player will advocate for their freedom after his release.

“We hope he’s not going to forget that in the first place we are both human,” he said. “We’ve been a victim of humiliation from Australia, in the same way how they did to him.”

The Australian court has just released a number of court documents related to the case, including Djokovic’s affidavit, which described in his words what had happened after his arrival in Melbourne.

It described the tennis player being held at the airport and subjected to numerous interviews, before at one point being handed the government’s notice of intention to cancel his visa.

A number of current and former politicians in Australia have voiced outrage and frustration after the verdict was passed earlier this afternoon, allowing Djokovic to be released from detention and voiding the cancelation of his visa.

“The level of incompetence in the Morrison government is staggering,” tweeted Greens senator Sarah Hanson-Young. Earlier in the week, she had posted online about the refugees and asylum seekers detained in the same hotel as Djokovic, writing, “They came to Australia to flee war and torture. He came to win a tennis match.”

Fans of Serbian tennis star Novak Djokovic react to news of his overturned ruling outside Federal Court ahead of the Australian Open in Melbourne, Australia, Monday.

To recap, here is what the judge’s verdict included:

His reasoning: After announcing his decision, Judge Anthony Kelly explained that Djokovic had not been given sufficient notice of his visa cancelation, or enough time by the government to prepare materials.

After the judge handed down his ruling, Christopher Tran, the federal government’s barrister, said the government would comply with the decision – but that the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs would consider “whether to exercise a personal power of cancelation.”

In response, Judge Anthony Kelly made clear he wanted to be informed if the legal process was to drag on.

Kelly also confirmed that if Djokovic had been deported, he would not have been allowed back for the next 3 years.

Novak Djokovic of Serbia in action during the Davis Cup Finals on December 03, 2021, in Madrid, Spain.

Judge Anthony Kelly has quashed the government’s decision to cancel his visa and ordered Djokovic to be released within 30 minutes of the decision.

The respondent – in this case, the Ministry of Home Affairs – must pay Djokovic’s costs as agreed or assessed, the order added. All his belongings, including his passport, must be returned to him “as soon as reasonably practicable.”

The decision was officially made at 5:16 p.m. local time (1:16 a.m. ET), Kelly said.

The hearing has resumed, with Judge Anthony Kelly confirming that Novak Djokovich is not at the Park Hotel where he had been held, but with his lawyers at an undisclosed location.

At the start of the hearing, Djokovic’s lawyer, Nick Wood, tried to ask for more time – but was shot down by the judge.

For the last five days, the court has “bent over backwards to accommodate these parties in a variety of ways,” Kelly said. “I had made arrangements to secure last night that your client would be with you today. Now, I’ve assumed that’s occurred, am I correct?”

“Yes,” Wood answered.

“So Mr. Djokovic is there with you?” Kelly asked again – to which Wood replied, “Yes, your honor.”

Earlier today, the court released an order dated Sunday that said Djokovic would be allowed to leave the hotel for each day’s proceedings then be brought back afterward.

A general view of the Warringah Aquatic Centre Histopath Pathology COVID-19 drive-through testing clinic on January 10, in Sydney.

The controversy around Novak Djokovic’s denial of entry runs much deeper than a rejected visa.

His dispute coincides with a steep rise in Australian Covid-19 cases, as case numbers for the entire pandemic rapidly approach 1 million.

On the surface, that may seem to indicate that Djokovic is not much of a health risk to the Australian public. But for many Australians, memories of painful border closures and other pandemic restrictions remain fresh.

For two years, tens of thousands of Australians were unable to return home, after airlines cut flight numbers to comply with government limits on the number of returning citizens.

A ban was placed on anyone leaving the country without a valid exemption, which was hard to obtain, and all new arrivals were taken into hotels run by the government for two weeks’ quarantine.

Not only were international borders shut, but state borders also slammed closed, preventing families from seeing loved ones without a government-approved reason.

Melbourne and Sydney were locked down for months, until finally at the end of last year the government conceded that the outbreak couldn’t be contained and the country would shift from its zero-Covid stance to living with the virus.

The government messaging was that vaccinations were a way out of the pandemic. Australia has one of the world’s highest vaccination rates – 92% of eligible people over the age of 16 are fully vaccinated, according to government statistics.

So, while Djokovic may be in Australia to play tennis, the suggestion that he could come into the country without being vaccinated to compete doesn’t sit well with many Australian people.

And months before a nationwide election, the government appears to have registered the unease and is now acting accordingly.

The hearing resumed, following a 15-minute delay after the original resumption time – only to be adjourned minutes later.

The injunction on Djokovic’s deportation had been set to expire at 4 p.m. local time, but Christopher Tran, the government’s barrister, said he consented to extend it until 4:30 p.m. Justice Anthony Kelly agreed to extend it until 8 p.m.

Then Tran requested “an additional period of time” – and the hearing was abruptly adjourned. It is unclear when it will resume.

More details have emerged in court and written submissions about the hours between Djokovic’s arrival in Australia late Wednesday night on January 5, and the moment his visa was canceled.

According to court documents, Djokovic arrived at Melbourne Airport in Tullamarine from Spain just before midnight and was taken aside for questioning.

Djokovic’s legal team said at 4:11 a.m. he was purportedly given notice of intention to consider canceling his visa under section 116 of the Migration Act.

A further interview was started at 6:07 a.m., and just over an hour later a decision was made to cancel it, and around 7:42 a.m. Djokovic was told his visa was void.?

During Monday’s hearing Judge Kelly said: When we get to about 4:00 a.m. and travel through to about 6:30 a.m. on the morning of last Thursday, the transcript is replete with statements by Mr. Djokovic saying, ‘If you will let me talk to people although you’ve taken my phone from me, I will try and get you what you want.’”

Djokovic’s lawyer, Nick Wood, Senior Counsel, interrupted with “indeed your honor” before expanding on that point.?

“Not only was Mr. Djokovic doing his level best to provide to the officer at Tullamarine everything that he wanted, and did indeed provide material to that officer, but Mr. Djokovic …?did indeed provide that material, that evidence from medical practitioners before he boarded the aircraft,” Wood said.

Later, Commonwealth barrister Christopher Tran referred to reply submissions that suggested Djokovic had felt pressured during the interview.

Tran said: “Can I make it crystal clear that what your honor can’t do is find that any officer intended to pressure him.”

Judge Kelly said there was evidence of a subjective belief that Djokovic was pressured during the interview, which Tran accepted.

A crowd of media alongside police and protesters at the Park Hotel in Melbourne, Australia on January 10.

As the hearing’s lunch break continues, a small crowd is forming outside the Park Hotel where Djokovic has been held since his arrival in Melbourne.

The numbers are much fewer than previous days, though a larger crowd of media is also present.

Some protesters voice support for Djokovic, arguing he has been unfairly targeted and that he should be allowed to compete.

“Tennis Australia let him in and Scott Morrison locked him out. Why? Look at what he’s done for people all over the world, look at his foundation,” Misovic added. “It doesn’t matter how long it’s going to take – free people in the world and the whole of Serbia is behind him.”

A number of Serbian-Australian supporters of Novak Djokovic outside the Park Hotel in Melbourne, Australia, on January 10.

Another group of three Serbian-Australian supporters said, “We’ve been coming here for Djokovic every day and we’ll continue.”

Others are there to highlight the plight of refugees. A few dozen asylum seekers are also being held in the hotel, which serves as a temporary detention facility. Under Australia’s rules, hundreds of asylum seekers were housed at offshore processing centers for years, with some sent to hotels in Australia for health treatment.

But refugees have little hope of immediate freedom, and the conditions they are held in is hugely controversial.

Protesters outside the Park Hotel in Melbourne, Australia on January 10, demonstrating against the government's policy of indefinite detention of refugees and asylum seekers.

“Free the refugees, stop the torture, let them out,” protesters in front of the hotel chanted on Monday.

Shannon Lindsay, 47, said she had known about the government policy for years – and thought “it was about time I showed up and supported the refugees who have been detained in this country for upwards of nine years.”

If you’re just tuning in, here’s a quick rundown of what you need to know.

What: A hearing is underway to determine whether tennis superstar Novak Djokovic can remain in Australia. He had arrived last week, only to have his visa canceled and face temporary detention because he did not have a valid medical exemption for the vaccination requirement for all arrivals.

Where: The hearing is happening on a virtual call, with a livestream available for the public. Djokovic has been held at the Park Hotel in Melbourne, the same city where the Australian Open is set to take place.

Why: Djokovic was under the impression he could enter the country because he had received a medical exemption from the tournament organizers, which had been granted on the grounds that he had natural immunity after being infected with Covid-19 in December, his defense argued.

The government’s legal defense, meanwhile, argued that authorities have a low bar to canceling visas, and that even the possibility of a risk to Australians’ health was reason enough.

When: Djokovic tested positive on December 16. After recovering, he received a medical exemption from Tennis Australia on December 30, according to court documents. He arrived in Australia unvaccinated on January 5, and was promptly placed in detention. Monday marks the first day of his hearing.

And what we’ve learned today:

Protesters and media have gathered outside the Park Hotel, the temporary detention center where Novak Djokovic is being held.

Earlier today, the court revealed in a newly released order that it had allowed Djokovic to leave the hotel and be moved to a confidential location to watch the hearing, then be taken back to the hotel after daily proceedings end.

CNN has not seen Djokovic leave the Park Hotel.?

Many demonstrators are congregated by the hotel parking lot where Djokovic may be driven in or out, holding signs protesting Australia’s system of indefinite detention. Police are also standing guard outside the parking lot gate, with camera crews set up across the street.

The court has adjourned, after federal government barrister Christopher Tran finished his oral submissions.

He had spoken for 30 minutes, highlighting relevant previous cases for reference and pointing out that the country had a very low bar for canceling visas under its laws.

The hearing will continue at 3:15 p.m. local time (11:15 p.m. ET), after a lunch break.

Commonwealth?government barrister Christopher Tran told the court the government has the power to cancel visas – and the bar is low.

“There is at least one provision that exists on the statute books that permits the executive, the Commonwealth executive, to control who may enter and remain in Australia,” he said.

In this case, that power was exercised under Australia’s Migration Act, section 116 1 (e) (i), which allows a visa to be canceled if the holder is a risk to “the health, safety or good order of the Australian community or a segment of the Australian community.”

Tran referred to two cases to make his point, including one where the presiding judge emphasized that the statute was amended in 2014 to lower the bar even further.

“So one doesn’t even have to be a risk (to Australia),” Tran said. Instead, one “might present a risk,” he added.?

Judge Kelly acknowledged the word “might” constituted a lower bar.

Christopher Tran, the barrister representing the federal government, is now speaking after Djokovic’s lawyers finished their oral submissions.

As Djokovic’s defense began wrapping up their statements, Justice Anthony Kelly interrupted and expressed frustration with the delay in the proceedings. “I will be less than grateful if someone after the event says, ‘Are there other things we are now thinking about.’ Are we clear?” Kelly said.

Tran suggested he speak for about half an hour to highlight key issues and make clear what are non-issues, before an adjournment.

“That’s a very helpful suggestion,” Kelly responded. “I’m very grateful for it. Thank you.”

An Australian immigration officer acknowledged Novak Djokovic was “honest and cooperative” when interviewed by border officials at Melbourne Airport, according to documents referenced in court Monday.?

Djokovic was “cooperative throughout the process,” the documents states.?

The tennis player was held by border officials at Melbourne airport overnight after arriving in the country late on January 5.

He was transferred to immigration detention on January 6, pending deportation.?

The 2021 Australian Open champion “had a compelling need to travel” and would “likely be inconvenienced” by deportation, the government official acknowledged.

The Federal Circuit Court released a statement to the press, apologizing for the technical difficulties that have forced the livestreamed hearing to delay and adjourn several times.

The Australian government denies Djokovic wasn’t granted procedural fairness when the decision was made to cancel his visa.

According to the government’s written submission, the tennis player was given enough time to answer questions posed by immigration officials on his arrival at Melbourne’s Tullamarine Airport.

“He had nothing more to say as of 6.14am…. and there was, therefore, power to proceed to cancel,” the document said.

Djokovic sought an exemption from hotel quarantine because he had recently tested positive for Covid-19. The government’s submission says the Australian Technical Advisory Group on Immunization (ATAGI) advice is that people are able to start their vaccination dose “as soon as they have recovered from the symptomatic infection.”

“The evidence is that the applicant has recovered,” the document said.

Furthermore, it says people can put off their vaccination for six months after acute illness “as a temporary exemption due to acute major medical illness.”

The government says there’s no suggestion Djokovic had “acute major medical illness”.

It adds that Djokovic did not provide any medical reason why he could not be vaccinated.

The government says Djokovic was mistaken to think he was guaranteed entry. “There is no such thing as an assurance of entry by a non-citizen into Australia,” the submission says.

The government denies Djokovic was told his “so-called ‘medical exemption’” would be accepted.

The Australian government’s “power and responsibility” to determine who enters the country are fundamental attributes of the country’s sovereignty,” the submission says.

The hearing has resumed, with Djokovic’s defense arguing that the Australian Technical Advisory Group on Immunization (ATAGI), an advisory group for the federal government, included provisions on past infections in their vaccination guidelines.

Djokovic had recorded Covid-19 infection in December, which was the basis for his application for a medical exemption to vaccination.

At the hearing, Djokovic’s lawyers pointed to ATAGI guidelines published in December that recognized “that natural immunity does flow from past infection,” said Nick Wood, Senior Counsel.

The ATAGI guidelines highlight two doubts – the challenge in confirming that someone really has had a past infection, and the uncertainty of how long that protection might last, Wood said.

The guidelines also suggest past infection provides at least six months of natural protection – “and therefore may be regarded as a temporary exception to vaccination for a maximum of six months,” Wood said.

However: The guidelines also clearly say that despite acknowledgement of natural protection, past infection “is not a contraindication to vaccination” – meaning it is not a valid reason for somebody not to get the vaccine.

In this file photo from February 22, 2021, Novak Djokovic of Serbia poses with the Norman Brookes Challenge Cup after winning the 2021 Australian Open Men's Final, in Melbourne, Australia.

The visa hearing against Novak Djokovic could threaten his chance to win a record 21st Grand Slam at the Australian Open.

The event kicks off in Melbourne on January 17.

Djokovic currently holds 20 Grand Slam victories, equalling the two tennis greats Spain’s Rafael Nadal and Switzerland’s Roger Federer.

A victory in Melbourne would mean Djokovic breaks the record for the most career grand slams ever held by a man.

That is a very real possibility. Djokovic, the men’s world No.1, has won the Australian Open nine times before.

Federer, 40, is not playing in January’s Australian Open and while Nadal, 35, is set to play in Melbourne, he has been beset with injury.

The pair have faced each other 58 times, with Djokovic leading with?30 wins to 28.?Nadal, who has won one Australian Open in 2009, is ranked world No. 6.

The court has just published a new order, allowing Djokovic to be moved to an undisclosed confidential location each day when the court is in session so he can watch the daily proceedings, then be moved back to temporary detention afterward.

The order is dated Sunday, but was only released Monday.

The location Djokovic will watch the proceedings from will remain confidential, according to the court order.

CNN has not seen Djokovic leave the Park Hotel.

The hearing so far has been marred by multiple interruptions, technical difficulties and delays.

It began late due to issues with the livestream – and finally kicked off close to 7 p.m. ET, which is Monday morning in Melbourne.

The argument: Djokovic’s lawyers have argued against the grounds on which his visa was canceled, and said he had provided the documentation required. After communicating with the Australian authorities, he was given the impression “that he had ticked absolutely every box,” said his senior counsel.

The judge: Justice Anthony Kelly appeared to acknowledge Djokovic’s position, saying he was “agitated” by the burden placed on Djokovic to provide officials with evidence of his claimed medical contraindication to Covid-19.

Djokovic had recorded a Covid-19 infection in December – which two independent panels agreed to be a good enough reason to delay?Djokovic’s need to be vaccinated.

Technological difficulties: So far, an unknown guest has popped into the virtual call, Judge Kelly has had to remind everybody to mute when not speaking, and the call has been paused several times due to the livestream breaking down. The livestream has now been down for more than 20 minutes.

When speaking to press Monday morning local time, just as Djokovic’s hearing was preparing to begin, Australian Prime Minister Scott Morrison declined to comment on the hearing, or any other actions the government would take, saying, “That’s purely a matter before the courts at the moment.”

But, he added, “the federal government’s advice to Tennis Australia, that was set out very clearly in November. And I read the extract from this very podium. It could not be more clear.”

Last week, when Djokovic’s visa was first canceled, Morrison had said repeatedly that rules were rules – and the tennis star was subject to them, the same as everybody else.

Novak Djokovic's father, Srdjan speaks next to his wife Dijana as they take part in a rally in front of Serbia's National Assembly, in Belgrade, on January 8.

Novak Djokovic’s family are in the Serbian capital Belgrade awaiting the verdict on his visa hearing, with proceedings taking place in Melbourne.

The nine-time Australian Open Champion’s family have been very vocal in defending Djokovic, who they believe is being treated unfairly by Australian authorities.

One man who appears to agree with them is former UK Brexit Party leader turned TV talkshow host, Nigel Farage, who is known for his populist views on immigration.

Video posted to his official Twitter account shows Farage “in the trophy room” with Djokovic’s family, alongside numerous posts criticizing the Australian government.

Farage’s involvement did not go unnoticed online, with many pointing to his previously outspoken support for Australia’s immigration system, including in a 2016 tweet, in which he called for Britain to introduce similar measures.

Among those commenting on Farage’s apparent about-face was former British No.1 Andy Murray, who above a video of Farage in Belgrade, tweeted: “Please record the awkward moment when you tell them you’ve spent most of your career campaigning to have people from Eastern Europe deported.”

Fans of?Djokovic held a rally in Belgrade on Sunday to support the tennis star amid his immigration troubles in Australia.?

Speaking at the rally, Djokovic’s father Srdjan told the crowd:

As the hearing gets underway – delayed and interrupted several times by technological difficulties with the livestream – most protesters have left the Park Hotel.

Though a few people had been outside the hotel – which serves as a temporary detention facility – earlier this morning, protesting Australia’s system of indefinite detention for asylum seekers, they have mostly gone, leaving only their signs and placards. Only one or two anti-vax protesters remain.

Police remain outside the hotel gate to the underground parking lot – where Djokovic would most likely emerge if he is moved from the facility for any reason.

He has been held there since Thursday, though his lawyers say he had made several “requests to be moved to a more suitable place of detention that would enable him to train and condition for the Australian Tennis Open.”

During Monday’s hearing, Judge Anthony Kelly interrupted Djokovic’s lawyers to say he was “somewhat agitated” by key points in the arguments.

Djokovic’s lawyer, Nick Wood, Senior Counsel, had just explained the tennis player had filled out a form for exemption and provided evidence as requested by that form.

Judge Kelly said: “Here a professor and an eminently qualified physician have produced and provided to the applicant a medical exemption. Now, 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. And that document was in the hands of the delegate.

After a pause, Wood replied, “I agree, your honor.”

Mr Djokovic made a repeated appeal to federal officers at Melbourne that “he had done absolutely everything that he understood was required for him to enter Australia,” according to Wood.

Djokovic told immigration officials in Melbourne that he would not have come to Australia if he was not under the impression that he had sufficient documentation, the judge acknowledged.??

Djokovic’s lawyer Nick Wood, Senior Counsel, told the court the tennis player understood he’d been given approval to come to Australia by the Australian government, and that he thought he had ticked all the boxes necessary.

“Any reasonable person would understand, and he did understand, that he had ticked absolutely every box,” Wood added.

Djokovic’s visa hearing is underway?at the Australian Federal Court in Melbourne.

Here’s a rundown of the arguments.

Djokovic’s legal team argues:

The government argues:

The hearing is underway, with the judge warning, in true 2022 fashion, that outside parties joining the virtual hearing should “mute themselves.”

Earlier, an unnamed guest joined the hearing, with a male voice exclaiming, “We’re in!”

“Can I ask whoever is on screen to make sure they mute themselves? There is every importance that the only people who should be online with their microphones are those who are making submissions to the court,” the judge said.

“Any other behavior by any other person who may be wishing to watch this live will produce a very real risk that the bandwidth available for this hearing will be overwhelmed and the hearing will be interrupted, and that is utterly unacceptable.”

The unknown guest then dropped off the hearing.

Djokovic’s lawyers say the tennis star provided proof of a positive Covid test in mid-December 2021, which was the basis for his application for an exemption.

Photos?have since emerged on social media showing the Serbian tennis champion at three events dated December 16, the same date Australian court documents show he tested positive for Covid-19. None of the other participants were wearing masks.

On December 17, the Belgrade Tennis Association’s Facebook page posted various?photos?of Djokovic posing with a group of young people at a tennis awards ceremony. One photo shows at least 26 people, mostly young people posing with him. Local Serbian media widely reported that Djokovic participated in the youth awards event.

On the same day, Djokovic posted a photograph of himself with a plaque on his official Instagram account.

According to documents submitted to the Federal Circuit Court, Djokovic’s first Covid-positive PCR test was recorded on December 16, 2021, and after not showing signs of a fever or “respiratory symptoms” he applied for a medical exemption to compete in the Australian Open.

He was granted a medical exemption to compete in the Australian Open unvaccinated “on the grounds that he had recently recovered from COVID,” his lawyers said in a court submission Saturday.

Craig Tiley, the CEO of Tennis Australia, during an interview with CNN affiliate Nine News on Sunday.

In an interview with CNN affiliate 9 News on Sunday, Craig Tiley, the CEO of Tennis Australia, refused to lay blame for the fiasco on any one party.

He said Tennis Australia had been in communication with Australia’s Ministry of Home Affairs “every week” and that all parties concerned were operating in a “very challenging environment.”

He said “contradictory information” had led to exemptions being granted to unvaccinated players ahead of the Australian Open.

Tiley added that he would like to see Djokovic play at the Australian Open. The World No. 1 is hoping to win his 10th Australian Open title and 21st grand slam title in Melbourne this month.

Fans and protesters alike have been gathering outside the Park Hotel in Melbourne since Novak Djokovic was moved to the temporary detention facility following his visa cancellation last week.

Djokovic case has prompted anger from people who feel the rich and powerful are getting an easy ride when it comes to Australia’s tough Covid-19 rules, which have seen families separated for years.

But it’s also angered anti-vaxxers who believe coronavirus restrictions are encroaching on their civil liberties.

Australia’s asylum seekers Djokovic’s situation has also highlighted the plight of asylum seekers in Australia – with dozens of refugees inside the same hotel who have been locked up for years, and who face indefinite detention under Australia’s tough immigration rules.

Nearly a decade ago, Australia said no asylum seekers who arrived by boat would ever be settled in the country. Hundreds were housed at offshore processing centers for years, although some were sent to hotels in Australia to be treated for health conditions.

The refugees still have little hope of freedom, and the conditions they are held in is hugely controversial. Standing in front of the Park Hotel, which is tagged with the words “free them,” Tom Hardman, a 27-year-old teacher, said he had come out in support of the refugees.

Read the full story here.

Djokovic remains in the Park Hotel in Melbourne, despite his repeated requests to be moved to a “more suitable place of detention,” according to court documents published Saturday.

The tennis star had wanted to train in the event he’s released from immigration detention to contest the Australian Open after Monday’s hearing.

Serbian officials have managed to negotiate extra concessions, the country’s Prime Minister Ana Brnabic told Serbian national TV station RTV Pink on Saturday.

Djokovic has received “gluten-free meals, exercise equipment, and a laptop,” Brnabic said.

Brnabic said she had spoken with Australia’s Foreign Affairs Minister, Marise Payne, but had been unable to overturn the decision to keep Djokovic at Park Hotel while he awaits the outcome of his legal case.

“He is still at the Park Hotel, but I hope we’ve made his stay a little more bearable with the concessions we got for him,” she said.

Monday’s court hearing was delayed by technical issues. A live feed set up for the public to watch appeared overwhelmed and failed to load.

The court later advised the hearing was going ahead without being streamed, according to a local AAP reporter inside the court.

Novak Djokovic?was granted a medical exemption to compete in the Australian Open as he had recently recovered from Covid-19 – contradicting guidance by health authorities, documents published on Saturday by Australia’s Federal Circuit Court show.

Djokovic’s first Covid-positive PCR test was recorded on December 16, 2021, and after not showing signs of a fever or “respiratory symptoms” he later applied for a medical exemption to compete in the Australian Open, according to the court filing.

In a letter dated December 7, which was leaked to journalists Friday and cannot be independently verified by CNN, it appears tournament organizers wrongly informed unvaccinated players they could enter Australia to take part in the grand slam.

The letter advises that a confirmed Covid-19 infection in the last six months along with an accompanying letter from a doctor or public health authority would be considered as valid documentation for a medical exemption. Players were urged to submit their applications no later than December 10, the document states.

The guidance appears to contradict advice in a widely reported letter sent by Australia’s Health Minister Greg Hunt to tournament director Craig Tiley in November stressing that a Covid-19 infection in the past six months did not meet the requirements for quarantine-free entry.

His vaccination status: The court documents confirmed the 34-year-old was unvaccinated when he arrived in Australia on January 5. He has previously voiced opposition to Covid-19 vaccines and vaccines mandates, but prior to this had not publicly disclosed his vaccination status.

Lawyers for Novak Djokovic say he followed advice to meet the requirements for quarantine-free entry into the country.

But according to the government’s response filed Sunday, Djokovic was not given assurances his “so-called ‘medical exemption’ would be accepted.”

An email from the department had told him that he had met the requirements for “quarantine free” travel into Australia, the documents said.

But the government response added: “That says nothing about the power of the Minister (or her delegate) to interrogate those responses, the evidence upon which they were based, and conclude that a cancellation power was enlivened under the Act upon his arrival into Australia.

The men’s world tennis No. 1 Novak Djokovic is awaiting a verdict in a court hearing on whether he will be allowed to defend his men’s singles title at the Australian Open this month.

The 34-year-old’s visa was canceled after he entered Australia on January 5 and he has been confined to a?hotel in Melbourne while he mounts his legal challenge.

Court documents, published Saturday and were submitted to the court ahead of Monday’s hearing, confirmed Djokovic – who has previously voiced opposition to Covid-19 vaccines and vaccines mandates – was unvaccinated when he arrived in Australia on January 5.

The nine-time Australian Open champion?tested positive for Covid-19 on December 16, 2021, and after not showing signs of a fever or “respiratory symptoms” he later applied for a medical exemption to compete in the Australian Open, according to a court filing.

According to the Australian Technical Advisory Group on Immunization’s Expanded Guidance on temporary medical exemptions for Covid-19 vaccines, an exemption can be granted for visa holders in some cases involving a “PCR-confirmed SARS-CoV-2 infection, where vaccination can be deferred until 6 months after the infection.”

But the Australian federal government disputes that claim. Court documents show his visa was canceled because “previous infection with Covid-19 is not considered a medical contraindication for Covid-19 vaccination in Australia.”

If the court upholds the cancellation, Djokovic will be deported as soon as appropriate travel arrangements can be made.

The hearing on Monday has now started, with Judge Anthony Kelly presiding.