THE AUSTRALIAN GOVERNMENT WINS
If the hearing goes in favour of the Australian government, it is likely to seek to eject Djokovic from the country on the next available plane out of Melbourne.
Last Thursday, the judge ordered Home Affairs Minister Karen Andrews not to remove Djokovic while he fights his appeal.
That order expires at 4pm on Monday.
Levingston said the government's case relied on a section of migration law that he believes "will ultimately see Mr Djokovic fail in his application".
Under the law, the minister only has to show that the presence of the visa holder "may, would or might be" a risk to the health, safety or good order of Australians.
But even if the government wins, the Serbian superstar could appeal.
DJOKOVIC APPEALS
If the judge dismisses the tennis ace's case, there could be a challenge.
"If he loses, it is highly likely that an appeal will be lodged," said John Findley, a solicitor-director who focuses on migration, family, business and tax matters.
In that scenario, Djokovic's lawyers would have to argue that there has been an error and probably flag some untested point of law, he added.
But even if such an appeal is lodged, Djokovic would not be able to walk free while the case is argued, said Levingston.
While the judge may allow an appeal, he could not order the government to grant a visa allowing Djokovic to exit detention, Levingston said.
Australia's home affairs minister could grant such a visa, he said. But she is unlikely to do so given the government's position on his case and the political impact of a decision to free him.
https://news.google.com/__i/rss/rd/articles/CBMiX2h0dHBzOi8vd3d3LmNoYW5uZWxuZXdzYXNpYS5jb20vc3BvcnQvd2hhdC1jb3VsZC1oYXBwZW4tZGpva292aWMtdmlzYS1oZWFyaW5nLWF1c3RyYWxpYS0yNDIzNzgx0gEA?oc=5
2022-01-09 09:32:14Z
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