Novak Djokovic 's authorized group has accused the Australian authorities of 'clearly scrambling' after it requested his court docket listening to be delayed.
Residence Affairs Minister Karen Andrews requested the federal court docket on Saturday evening to adjourn the case two days till Wednesday - barely 5 days from the beginning of the Australian Open.
The Serbian world No.1's attorneys opposed Ms Andrews' utility, and Choose Anthony Kelly dominated within the tennis star's favour.
Justin Quill, the highest lawyer on Djokovic's group, mentioned the request for an additional two days was an indication the federal government was on the 'again foot'.
'It seems they now suppose there may be much more to this than they'd beforehand thought,' he instructed the Herald Solar.
'The ball is now within the minister's court docket to reply with their authorized written submissions.'
In yet one more improvement within the baffling saga, leaked correspondence has revealed that Tennis Australia pleaded with the Division of Residence Affairs to test the visa utility of Djokovic earlier than he travelled to Australia - however the request was denied.
Tennis Australia wrote to the division expressing considerations about Djokovic and different gamers getting visa clearance going again months.
The sporting physique supplied to make copies of their medical exemption certificates obtainable for evaluate weeks earlier than they boarded flights - which seemingly might have prevented the present debacle.
However the division wrote again that: 'Well being and Residence Affairs are unable to offer or evaluate certificates. Certificates are reviewed at test in'.
Medical exemptions primarily based on somebody having contracted Covid throughout the final six months are allowed to bypass state quarantine.
A lot of the confusion for Tennis Australia, Djokovic and different gamers seems to be round a unique course of for exemptions to enter the nation on a visa.
However in a single letter to Tennis Australia, an advisor to the chief medical officer of Australia says that: 'Medical exemptions from vaccination will likely be on the discretion of the state or territory so it will most likely be good to the touch base with the state of arrival earlier slightly than later'.
Attorneys for the 34-year-old introduced an in depth authorized submission to the court docket on Saturday evening, which prompted the response from Residence Affairs.
They argue Djokovic met the necessities of the Australian Journey Declaration evaluation for quarantine-free journey.
The submission additionally claims the method on deciding that his visa can be cancelled was not dealt with correctly.
Djokovic and his attorneys will seem earlier than a Melbourne court docket at 10am on Monday, with the case hoped to be resolved earlier than the 4pm deadline wanted to substantiate his place within the Australian Open.
If profitable, he might compete for a document tenth title within the grand slam and his twentieth total.
He might be given particular permission to play within the match if the case shouldn't be resolved, but when he loses he will likely be deported again to Serbia.
Pictures have since emerged showing to indicate Djokovic mingling with Serbian officers and embracing youngsters at two completely different occasions after allegedly testing optimistic for Covid.
On December 16, the day his attorneys declare he produced a optimistic PCR consequence, a maskless Djokovic shared an image of himself talking at a panel for the Novak Djokovic Basis on the Novak Tennis Centre in Dorćol, Serbia.
The next day Djokovic posted photos shaking fingers with a consultant from the Serbian Nationwide Postal Service as he was awarded his personal stamp.
It's unclear whether or not he was conscious he was contaminated with the virus on the time.
In an extra blow to the tennis star's claims, a optimistic PCR take a look at consequence on December 16 would have been too late to register with Tennis Australia's exemption course of deadline - which expired on December 10.
In leaked emails, Djokovic obtained a letter from Tennis Australia on December 7 informing him of what he wanted to provide to obtain a vaccine medical exemption to journey into the nation.
Gamers had a lower off of December 10 to lodge their acceptable documentation, however Djokovic was given till a lot later, in an indication of preferential remedy.
He claims to have contracted the virus six days after the ultimate deadline Tennis Australia gave athletes, a reality he used to justify his declare.
Polarising Australian tennis star Nick Kyrgios, who beforehand has said he 'is not a fan' of Djokovic for a number of causes, believes the scenario involving the world primary has been dealt with woefully.
'I am feeling for him now,' Kyrgios mentioned. 'It is probably not humane, is it, what is going on on?
'If this was a standard individual they would not need to cope with all this form of media aspect of bulls**t. His life's most likely laborious sufficient as it's, and I do know what that is like. I simply hope all of it will get sorted quickly.'
Kyrgios, who has been vocally pro-vaccine, mentioned whereas he disagrees with Djokovic's stance on the jab he feels his scenario has been poorly dealt with.
'Clearly it's kind of of a large number with what is going on on, and I simply do not suppose we've got gone about it the proper manner. That is simply my opinion,' he mentioned.
'Actually, I hope all of it will get sorted as quickly as attainable. For the game we want him right here, it is that straightforward. He is probably the most influential sports activities individuals most likely of all time.
'If he is able to play and he is allowed to play, I believe, in a manner it is good for our sport with all this consideration as a result of most likely the Australian Open will not have as many views because it's ever most likely had.'
Court docket paperwork present Djokovic believed his 'exemption certificates' was 'per the suggestions of the Australian Technical Advisory Group on Immunisation'.
The Serbian, in keeping with paperwork lodged in court docket, was instructed initially of the interview at 12.12am {that a} earlier an infection didn't imply he had vaccinated standing in Australia.
'I mentioned that that is not true,' Djokovic mentioned in a transcript within the paperwork.
'I defined that I had been not too long ago contaminated with Covid in December 2021 and on this foundation I used to be entitled to a medical exemption in accordance with Australian Authorities guidelines and steerage.'
Djokovic, who in keeping with his attorneys felt 'shock', 'shock' and 'confusion' on the choice, believed he had totally complied with Australian regulation.
He spent the subsequent six hours co-operating with officers earlier than at 5.20am he requested if he might sleep and proceed the interview at 8.30am.
Hoping to talk together with his attorneys and Tennis Australia officers within the morning, court docket paperwork claimed Djokovic was ready for a mattress to be ready at 6.07am and instructed representatives he needed to sleep till 8.30am.
He was woken 'nicely earlier than' that point, in keeping with the paperwork, and pressured by two brokers to decide, earlier than his visa was cancelled at 7.42am.
'Mr Djokovic, having fashioned the view that '[they were] going to cancel [his] visa, it is apparent' relented, feeling he had no alternative, and on the premise of an understanding primarily based on what they'd mentioned to him that it was higher for him if the interview was achieved instantly,' his attorneys wrote in his submission.
'When one talks by way of procedural equity or pure justice, the priority of the regulation is to keep away from sensible injustice. Inside statutory constraints, the Delegate was required to undertake a process that was affordable within the circumstances to afford a chance to be heard to Mr Djokovic.
'If the process adopted so constrained Mr Djokovic's alternative to propound his case as to quantity to sensible injustice, that will quantity to a denial of procedural equity.
'In a similar manner, Mr Djokovic sought till 08:30 to relaxation and to talk together with his advisors.
'The delegate represented to Mr Djokovic that he might have that point. There was no cogent cause for the Delegate to depart from that illustration - there was no prejudice to the Respondent in delay for an extra few hours.
'Mr Djokovic's request was affordable and primarily based on cogent causes, and the implications of a attainable cancellation choice had been very critical.
'But the Delegate did depart from that illustration.'
Pictures from Djokovic's social media from the day he says he examined optimistic for Covid present the 20-time grand slam winner mingling with individuals and even youngsters throughout two completely different occasions.
He was seen hugging youngsters at his tennis centre in Dorcol, Serbia and spoke at occasion for his basis on December 16, the identical day he produced a optimistic consequence on a PCR take a look at from the Institute of Public Well being of Serbia.
The subsequent day he appeared maskless at a presentation accepting a stamp together with his face emblazoned on it.
In the meantime underfire Tennis Australia boss Craig Tiley has lastly damaged his silence over the Novak Djokovic visa debacle, claiming his employees have achieved an 'unbelievable job' regardless of the governing physique coming beneath fireplace for giving the unvaxxed star incorrect well being recommendation.
Tiley additionally known as out quite a few situations of 'finger pointing' which have adopted within the ugly saga the previous few days - whereas Serbian famous person and anti-vaxxer Djokovic stays stranded in immigration detention in Melbourne, a far cry from his typical luxurious way of life.
In a leaked video, Tiley acknowledged TA employees's professionalism and diligence in what he firmly believes has been an intensive job within the lead as much as the annual grand slam match.
'There's plenty of finger pointing happening and plenty of blaming happening, however I can guarantee you our group has achieved an unbelievable job and have achieved all the things they presumably might in keeping with all of the directions that they've been offered,' he mentioned within the clip.
'We empathise with the scenario we presently have. We're a participant first occasion...we're working intently with Novak and his group.'
Tiley, who has been broadly criticised for seemingly failing to speak to the Serbian world no.1 the correct protocols for searching for a vaccination exemption to enter Australia, despatched the clip to internally to staff explaining the present scenario.
'I wish to guarantee you that we're ready the place we wish to share with you all the data, and we are going to,' he mentioned.
'We have chosen at this level to not be very public with it and just because there's a pending lawsuit associated to entry into Australia. As soon as that has run its course, we'll be capable to share extra with you.
'There's plenty of finger pointing happening and plenty of blaming happening, however I can guarantee you our group has achieved an unbelievable job and have achieved all the things they presumably might in keeping with all of the directions that they've been offered.'
The event comes as months out from the Australian Open, Tiley knowledgeable the nation's advisory physique on immunisation the viability of the match hinged on 'permitting' abroad gamers to compete in Melbourne who weren't double-vaccinated.
Mr Tiley wrote to the Australian Technical Advisory Group on Immunisation (ATAGI) in November, questioning whether or not tennis stars who had been both not too long ago contaminated with Covid-19 or solely had one vaccine dose can be granted exemptions from immigration guidelines on medical grounds.
'The remedy of gamers who fall inside one in every of these classes goes to the center of the viability of the Australian Open,' Tiley instructed ATAGI.
Well being Minister Greg Hunt in addition to a Well being Division consultant responded to Mr Tiley's request, stating exemptions wouldn't be granted to gamers who had been single-vaxxed or had not too long ago contracted Covid.
Earlier experiences this week urged Mr Tiley didn't move on that info.
Djokovic has been holed up in a lodge in Melbourne's inner-city since arriving late on Wednesday evening.
Djokovic was deemed to haven't met outlined Australian authorities visa necessities to enter the nation after flying in from Dubai.
Tiley was additionally knowledgeable by Division of Well being First Assistant Secretary Lisa Schofield on November 18 final yr that people who've 'beforehand had Covid-19 and never obtained a vaccine dose aren't thought-about totally vaccinated'.
And in consequence would 'not be authorised for quarantine-free entry, no matter whether or not they have obtained international vaccination exemptions'.
Tennis Australia on Friday additionally strongly rejected experiences they 'knowingly misled' gamers with reference to medical exemptions being authorised.
Authorized sources imagine Djokovic's quest to see his deportation is powerful primarily based on administrative and migration regulation.
Djokovic took to Instagram on Friday evening, thanking followers for his or her ongoing help.
'Thanks to individuals world wide in your steady help. I can really feel it and it's vastly appreciated,' he wrote.
