Lawyers for Novak Djokovic will make a last-ditch bid for the world No. 1 to stay in Australia by hitting Immigration Minister Alex Hawke with a new argument when the blockbuster case goes before the Federal Court on Sunday.
A final ruling on whether the unvaccinated tennis star can play in Monday's Australian Open is almost certain to be made by the court, after the Serbian had his visa cancelled for a second time on the grounds his participation in the tournament would 'foster anti-vaccination sentiment'.
But the 34-year-old's crack legal team have a plan to demolish Immigration Minister Alex Hawke's decision by arguing there is no legal basis for the Minister to determine if Djokovic has a 'well-known stance on vaccination'.
They say Mr Hawke's ruling was made based on comments the 20-time Grand Slam winner made in 2020 and that there was no attempt by the government to seek his current views on Covid vaccinations.
Top Silk Nicholas Wood SC will also make the case that the government has 'cited no evidence' that Djokovic will rile up the anti-vaxxer community, and will claim expelling him from the country will do more to fuel anti-jab sentiment Down Under.
Lawyers for Novak Djokovic (pictured) will make a last-ditch bid for the world No. 1 to stay in Australia by hitting the Immigration Minister with a new argument when the blockbuster case goes before the Federal Court on Sunday
Should tennis great Novak Djokovic be booted out of Australia?
YES 2245 votes NO 327 votesNow share your opinion
Until the hearing commences, Djokovic is being held along asylum seekers at an immigration detention hotel at the notorious Park Hotel, in the inner Melbourne suburb of Carlton.
The reigning Australian Open champion spent the morning being grilled by Border Force officers at a secret location before being hauled away under guard while a brief court hearing got underway.
His counsel had a significant win in the drawn out saga today with a judge ruling the matter would be heard in the Federal Court before a full bench - something the government fiercely opposed.
The case will be overseen by Chief Justice James Allsop, Justice Anthony Besanko and Justice David O'Callaghan, who heard submissions from both legal teams this morning.
The development means if the Australian government lose the case, it will not be able to appeal the ruling - leaving the world No. 1 free to play in Monday's Australian Open tournament where he is chasing a 10th title.
Alternatively if Djokovic loses he will be booted out of the country and may not be able to return until 2024.
The key reasons behind Novak Djokovic's (pictured with wife Jelena) visa cancellation have been revealed with Immigration Minister Alex Hawke saying his presence in Australia may 'foster anti-vaccination sentiment'
Immigration Minister Alex Hawke (pictured) made the call to give unvaccinated Djokovic the boot from Australia
The tennis ace originally had his visa cancelled upon his arrival at Melbourne Airport on January 5 for inconsistencies in his declaration form granting him an exception for not being vaccinated against Covid.
He was then
