And we are struggling to get the live feed to work. Standby.
The hearing will be getting underway in about five minutes. I am eagerly refreshing the live feed and hoping it holds out.
At the moment, the 34-year-old tennis number one is being held at a quarantine hotel called Park Hotel in Melbourne’s north.
In that hotel are over 30 asylum seekers who were transferred to Australia from our offshore detention system for medical treatment a few years ago. The men have been held in Australia’s immigration detention system for around nine years.
Protesters in support of the asylum seekers have been holding vigils outside of the hotel in the past few days hoping to bring attention to the plight of the asylum seekers, given the massive global focus on Djokovic.
The ABC showed footage earlier this morning of some of the protesters being arrested by police, but it is unclear what for.
My colleague Cait Kelly is on the ground outside the hotel, so we will hopefully have some updates soon.
You can find the submissions for the various parties online here.
Here’s a summary of what Novak Djokovic is claiming in court about why he believes the government made an error in cancelling his visa:
- The Institute of Public Health in Serbia recorded Djokovic was Covid-19 positive on 16 December, and this positive test result formed the basis of the medical exemption he received from Tennis Australia and the Victorian government on 30 December.
- Djokovic argues he relies on the advice of the Australian Technical Advisory Group on Immunisations, which said vaccination can be deferred for up to six months due to a Covid-19 infection.
- He argues, therefore, it is illogical that the government now argues that recent Covid-19 infection is not a grounds for medical exemption from vaccination.
- He is also arguing he was denied procedural fairness in not being given more time between given the notice of the intent to cancel his visa at 4am on 6 January, and when it was cancelled at 7.42am. He wanted to wait until he could speak to his lawyers at 8am.
The government has argued:
- That granting such a wait would amount to a procedural filibuster given Djokovic had given a response about his application during the interviews in the morning.
- The Atagi advice on vaccination exemption needs to be read with a December guide on vaccination put out by Atagi which states that people are able to be vaccinated against Covid-19 after recovering from acute major medical illness from Covid-19, and says “the evidence is that the applicant has recovered”.
- If the court grants Djokovic a win, the government could once again cancel his visa and detain him.
Good morning from Melbourne, and welcome to our live blog of tennis number one Novak Djokovic’s appeal in court against the cancellation of his Australian visa ahead of the Australian Open.
I’m Josh Taylor and I will be bringing you all the updates from the court live stream.
The hearing will kick off at 10am AEST in Melbourne, which is 11pm GMT or 6pm EST.
You can read our most recent stories on the submissions to the court from Djokovic’s lawyers and the federal government while you are waiting, but I will be going through those in more detail in a minute.
If you want to watch the live stream yourself, you will be able to view it here, but a reminder that recording, photography or broadcasting of the hearing is not permitted.
Late on Sunday the court issued a new link, meaning it will be view-only for the public, thereby avoiding the mess of every participant being able to use their camera and microphone, which would have made the hearing a disaster.