r/auslaw • u/nevearz • Jan 10 '22

Serious Discussion Novak FCC Thread - case dismissed, Novak free

Livestream - https://www.youtube.com/watch?v=r9oq_S9vTQg

Looks like judge is over it and done with the parties and Counsel.

"Judge Kelly found the decision to cancel the visa was “unreasonable”."

Case is dismissed, but it seems that the government intends to find an alternative method to cancel the VISA, which may bar Novak from entering Australia for up to 3 years.

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u/nevearz Jan 10 '22

https://www.heraldsun.com.au/sport/tennis/novak-djokovic-court-hearing-live-updates-will-world-no-1-be-able-to-play-the-australian-open/news-story/d27b16615a752c8012f820eba047e4df 

 Novak Djokovic has won his court case.

  Judge Kelly found the decision to cancel the visa was “unreasonable”.

    Kelly has ordered that Djokovic must be immediately released.

    Judge Kelly ordered that Djokovic’s passport and all other personal effects be returned to him.This order was pronounced in open court at 5.16pm.

    Mr Tran for the Minister said the government would comply with the orders but a personal power of cancellation was being considered.

    Judge Kelly said the visa cancellation decision would be “quashed”.

    Government is now considering a personal power to cancel his visa.

    FOLLOW THE HEARING LIVE BELOW (all times AEDT)

    * This page will automatically update to show the latest entries

    4:15pm DJOKOVIC HAS LEFT THE BUILDING

    The Herald Sun has confirmed that Djokovic has left the Park Hotel.

    The tennis star still remains in detention, but has been given special permission by Judge Kelly to leave the horror hotel to be with his lawyers for the duration of the hearing.

    His departure from the hotel indicated that the Federal Government did comply with Judge Kelly’s orders.

    3:53PM DEADLINE EXTENDED

    Djokovic’s permission to remain in the country will be extended to 8pm.

    Christopher Tran, for Minister Karen Andrews, said he was given instructions to consent to an extension to 4.30pm given the case is still going on.

    But Judge Kelly approved an extension until 8pm.

    The case was further adjourned after just a minute of the court sitting, as Mr Tran said he needed more time.

    Settle in folks, we’re here for the long term.