New details emerge in Novak Djokovic’s court case after government lawyers’ failed bid for 48-hour delay

Novak Djokovic faces the prospect of grilling a double barrel cross test in federal court to earn his shot at a historic 21st Grand Slam Championship.

A day after claims emerged that Djokovic tested positive for COVID-19 on December 16, it was revealed federal government lawyers had made a late bid to delay the case until Wednesday.

But the legal battle for the world number 1 to stay in the country and defend her Australian Open title is set to go ahead at 10 a.m. on Monday.

Djokovic has been in immigration detention in Melbourne since Thursday morning after the federal government revoked his visa, challenging the decision in court.

The 34-year-old's lawyer will argue that he met the criteria for temporary exemption under the Australian Technical Advisory Group on Immunization (ATAGI) guidelines and was denied procedural fairness during the decision to revoke his visa.

Djokovic, who is likely to appear for the hearing virtually, can be cross-examined by both the judge and the government's barrister.

Judge Anthony Kelly said on Friday that Djokovic's presence could help speed up the case.

"If it means your client needs to provide evidence by the (Microsoft) teams, then I'll listen," Judge Kelly told the tennis player's attorney.

"I doubt his evidence will be controversial."

Djokovic's response will be significant after the Federal Court on Saturday released a document submitted by his lawyers that claimed Djokovic contracted COVID-19 on 16 December and had symptoms before arriving in Australia. was free from

After a series of images surfaced, eyebrows were raised about the timeline of her transition, which was not publicized at the time.

Djokovic attended several events on 16 December and it seems he has been out in public over the next two days.

He was pictured at an award ceremony for junior tennis players, believed to have taken place on 17 December.

Following the release of court documents on Saturday night, French sports outlet L'Equipe shared that she did a promotional photo shoot with Djokovic on 18 December.

Meanwhile, a Tennis Australia document for players also indicated that the medical exemption application deadline was December 10 - suggesting Djokovic's upcoming positive test may be his only way to get the green light in the TA process.

A vocal opponent of the vaccine mandate, Djokovic has previously declined to explain his vaccination status or the reason for seeking a medical exemption for bypassing Australia's vaccine rules.

Well...@lequipe, which named him the Champion of Champions for 2021, now reveals that ND took part in a photo shoot with the trophy in Belgrade on December 18th - two days after he took a test that turned out to be positive.https://t.co/W0HHxHV9En pic.twitter.com/jwMBBguFBP

— Oleg S. (@AnnaK_4ever) January 8, 2022

Australian Health Minister Greg Hunt declined to comment when asked about Djokovic's uproar at a media conference on Sunday as the matter is in court.

But he said the visas of several others involved in the tournament had been revoked.

The Czech foreign ministry said Czech player Renata Vorakova, who was detained at the same hotel as Djokovic and had her visa revoked, left the country without challenging her position.

Djokovic's fate to be decided on Monday

Djokovic has been in limbo ever since a home affairs lawyer agreed that the nine-time Australian Open champion should not be removed from Australia until the matter is returned to court, unless he wants to. Decided not to leave.

The matter was adjourned until 10 am on Monday, when it will return for a final hearing, with Djokovic staying in Australia until at least 4 pm.

Djokovic's barrister Nick Wood argued that the government should have stopped deporting his client until the visa issue was fully decided.

However, the judge dismissed that suggestion, saying that Djokovic could in principle launch "a broad range of appeals" to delay his deportation.

Tennis Australia indicated to Djokovic's lawyer on Friday that it needed to know Djokovic's condition before Tuesday so that he could find a replacement player, Mr Wood said.

But Judge Kelly said he wouldn't be rushed: "Tails won't wag the dog here."

Djokovic had sleepless nights

After arriving in Melbourne on Wednesday evening, court papers show that Djokovic had a sleepless night as he was questioned by authorities several times, including at 4 a.m., before the visa was revoked at 7.42 a.m.

A partial transcript of that interview includes "You have stated that you have not been vaccinated against COVID-19".

"Mr Djokovic received, on 30 December 2021, a letter from the Chief Medical Officer of Tennis Australia stating that he had been granted 'medical exemption from COVID vaccination' on the grounds that he had recently recovered from COVID, "The court documents are read.

But health officials told the TA that the ATAGI advice on temporary exemptions does not apply to travelers wishing to enter Australia.

The TA has dismissed claims that players were deliberately misled, insisting that the organizers had followed "instructions".

A Home Affairs representative was quoted by court papers as saying, "The visa holder (Djokovic) stated that Tennis Australia facilitated his medical exemption from the COVID-19 vaccination requirement and completed the Australian travel declaration on his behalf. "

"I think Tennis Australia may have facilitated his medical exemption and Australian travel announcement based on the information provided to him (Djokovic).

"As such, I do not believe that these constitute extinction circumstances beyond (Djokovic's) control.

"I apply significant weight to this factor in favor of canceling the visa."

New food delivered to hotel

Back home in Serbia on Saturday, Djokovic's family held a rally in support of him in Belgrade for the third day in a row.

Prime Minister Anna Brnabic also promised them that their visa fight would have a full load of government support to ensure they could enter Australia.

"We have managed to ensure that they are given gluten-free food," the PM explained.

"As well as exercise equipment, a laptop and a SIM card so he can stay in touch with his family."

Banned for a long time

Meanwhile, it has emerged that Djokovic could be banned from Australia for up to three years if he fails to cancel his visa and is deported.

Responding to an email to the Associated Press on what could happen if Djokovic loses his legal battle, the Australian Border Force said: "A person whose visa has been revoked may be subject to an exclusion period of three years which may be further extended." Stops granting temporary visas. ”

"The exclusion period will be considered as part of any new visa application and may be waived in certain circumstances, given that each case is assessed on its own merits."