2:29 a.m. ET, January 13, 2022
Here's what could happen if the Australian government revokes Djokovic's visa again
Nine-time Australian Open champion Novak Djokovic is scheduled to begin his title defense against fellow Serb Miomir Kecmanovic.
(Mark Baker/AP)
Though Novak Djokovic's visa was reinstated on Monday and he was released from detention, Australia's immigration minister could still revoke his visa again and begin deportation proceedings.
Justin Quill, a partner with an Australian law firm in Melbourne, provided some insight on what to expect in this legal standoff.
Why is the decision taking so long? The government "already suffered a big embarrassment on Monday when they had to dramatically capitulate in the federal court," Quill told CNN. "They just can't afford, from a popularity point of view, to have that happen again." That may be partly why Immigration Minister Alex Hawke is delaying his decision — and also partly because, with such high stakes, the government wants to create a watertight case.
Could Djokovic appeal again? Yes — even if Hawke chooses to revoke Djokovic's visa, the tennis star could request a temporary injunction from the judge. During that extra time, he could stay in the country and appeal the decision. But "you can't just appeal because you want to appeal," Quill said — Djokovic would have to show the judge he has valid grounds to protest the decision.
Could the government let Djokovic stay? Hawke might choose to let the tennis star stay in the country if the government doesn't have a strong enough case to deport him. They "might not be able to actually pull the trigger ... because they might think this isn't absolutely bulletproof," Quill said.
When is the decision deadline? There isn't one, from a legal standpoint. But waiting until the tournament is underway to revoke Djokovic's visa would be a PR and political "disaster" for the government, Quill said — so we'll likely see a decision either way before the Australian Open starts on Monday.