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The court ruled that Novak Djokovic be released after the judge observed a lack of common sense in the way the border guard decided to cancel his visa.
The world number one in tennis won another battle, this time in the courtroom in Australia. Hours after his lawyers set out their reasons for the appeal, he was allowed to stay in Melbourne.
Judge Anthony Kelly ruled that Novak Djokovic's visa revocation order should be "revoked" immediately.
This means that his visa is already valid and he can enter Australia.
Although the court ruled in favor of the Serb, local government lawyer Chris Tran said Australia's immigration minister could decide to revoke the visa.
Judge Anthony Kelly ordered the tennis star's immediate release from custody and ordered the government to pay the costs.
The trial in the case of Novak Djokovic lasted several hours. The problem arose less than two weeks before the start of the tennis tournament of the Australian Grand Slam.
He was questioned at night at Melbourne airport. In the early hours of the next morning, the player was told that he had until 8:30 local time to respond to a proposed cancellation of his visa. But instead, the border control canceled it at 7:42. If the tennis player had until 8:30, as he was initially told, "he could have consulted with others and explained to the delegate why his visa should not be denied," the judge said.
Australia cancels Djokovic's visa
The Serb was detained at the airport when he arrived on Wednesday night after his visa was revoked.
Lawyers filed a complaint the day after his arrest, which revealed that Novak Djokovic had tested positive for COVID-19 on December 16 and had the necessary permits to enter Australia.
After the hearing, Novak Djokovic's lawyers had time to present their arguments and re-explain why he should be allowed into the country. They explained that the border authorities did not follow the entry process exactly and did not give him time to meet all their requirements and inquiries.
The representative of the Australian Government, Christopher Tran, said in his pleading that Djokovic's recent illness with COVID-19 did not put him in a position to be exempted from the rules of entry when traveling, and denied any procedural injustice or unjustification related to the decision to revoke Djokovic's visa.
Even during the meeting, Novak Djokovic's fans continued to gather in front of the hotel, where he was placed in solitary confinement.
Novak Djokovic's next battle is expected to be on the court.
The world number one will fight for his tenth title at the Australian Open and a record 21st in the Grand Slam.
/BNT
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