Novak Djokovic will be banned from Australia for three years if the Federal Government decides to cancel his visa again - after the Serbian won his appeal against the original decision.
Djokovic has been kept in immigration detention in a hotel in Melbourne after the Federal Government decided to cancel his visa as he arrived in Victoria, despite being given an exemption to play in the Australian Open by Tennis Australia and the Victorian state health authority.
After a Federal Court hearing that spanned most of Monday after several adjournments, Judge Anthony Kelly ruled in favour of Djokovic, with the 34-year-old immediately released from detention and is now allowed to be in Australia despite his unvaccinated status.
It was ruled that Djokovic wasn't given enough time to respond to the decision by authorities to cancel his visa
However after the verdict, government counsel Andrew Tran said the Federal Government will now consider its options, which includes Immigration minister Alex Hawke using his personal power to cancel Djokovic's visa once again.
It's unclear when the Federal Government will make the decision on whether to use this personal power,
If Djokovic has his visa cancelled again by a minister, he will not be allowed to enter Australia for three years - which could see parties back in court once again.
Judge Anthony Kelly said that while he can't specifically comment on the Federal Government threat, as it hasn't occurred, it appears the issue is getting bigger.
"In a view, the stakes have risen rather than receded," Kelly said.
After Prime Minister Scott Morrison said 'rules are rules' when speaking about Djokovic's visa cancellation last week, Kelly made a pointed remark.
"We all play by the same rules," he said.
"The reason why this minister for home affairs in this proceeding has agreed that the delegates decision should be set aside is for the reasons set out in the notation.
"Stated in other terms: those rules were not observed."
Djokovic and his team are yet to make any comment about the decision or the Federal Government threat.
