Novak Djokovic: These 4 scenarios in the immigration drama are possible

After his victory in court, Novak Djokovic is allowed to leave his quarantine hotel and move freely until further notice. After his long, involuntary break, the 20-time Grand Slam winner is currently preparing for the Australian Open, in which he – as of now – is allowed to participate.

But the last word has not yet been spoken in this confused case. The Australian government has already made it clear that it can withdraw Djokovic’s visa even if he wins in court.

“Following today’s ruling by the Federal Court of Justice, it is at the discretion of Immigration Minister Alex Hawke to consider canceling Mr Djokovic’s visa under his personal cancellation authority under Section 133C (3) of the Migration Act. The Minister is currently examining the matter and the process is pending not completed “, it said in a statement on Monday.

Hawke and the authorities have not yet made a decision. The information that Djokovic made on his entry, also in connection with his renewed corona infection in December, will be checked in detail.

According to the Australian “Herald Sun”, the Australian government is already preparing to expel the Serbs. A decision should therefore be made on Thursday.

How are things going with the Serb? The scenarios range from a tournament victory at the Australian Open to a prison sentence.

Scenario 1: Djokovic is allowed to participate in the Australian Open

Should Hawke and the Australian government not exercise their right to cancel Djokovic’s visa again, the current world number one would regularly take part in the Grand Slam tournament. For the 34-year-old, it would be the best-case scenario. The preparation went with the long quarantine, in which the 20-time Grand Slam champion could not train, anything but optimal.

But the Australian Open is Djokovic’s favorite tournament. The Serb is a record winner with nine titles in Melbourne. Tennis legend Boris Becker even gives Djokovic title chances in this scenario. “If he is vulnerable, then in the first week of the tournament,” said Becker in the “Eurosport” podcast “The Yellow of the Ball”, and stated: “If he survives, then he is the tournament favorite.” The reason for this is the 34-year-old’s “street fighter mentality”.

Should Djokovic actually stand as the beaming winner in the Rod Laver Arena after the final on January 30th, the discussions about his person would not stop. Its public image may be irreparably damaged. For him personally, a victory in Melbourne under these circumstances would still be monumental. It would be a triumph over the Australian authorities and its numerous critics.

Scenario 2: Djokovic case will be renegotiated during Australian Open

It seems unlikely that the Australian government will give up completely or that Djokovic’s case will only be reopened after the tournament.

The Melbourne court ruled in Djokovic’s favor because of procedural errors in the cancellation of his visa. Among other things, the Serbian tennis star was given a deadline on January 6th at 8:30 a.m. to deliver documents that would prevent his visa from being withdrawn. The immigration authorities made their decision at 7:42 a.m.

However, the court has not ruled whether Djokovic’s exemption for entry is legally legitimate. There are still some unanswered questions in this regard. Among other things, Djokovic found out about his corona infection on December 16 or 17, according to his own statement. The deadline of the tennis association ATP to apply for a medical exemption as an unvaccinated person already expired on December 10th. Djokovic could not keep this at all.

Should the “Djokovic” case be reopened during the tournament, the organizers of the Australian Open could, as a precaution, exclude the Serbs from the tournament, according to “Bild”.

Scenario 3: Djokovic case is renegotiated before the start of the tournament – he is banned from entering the country

If the case is negotiated even faster, Djokovic could be expelled from the country before the start of the first round on January 17th. Judge Anthony Kelly had already pointed out at the verdict in favor of Djokovic that he could face an entry ban of up to three years if he was deported again. In this case, the current number one in the world could only participate in the Australian Open in 2026.

Scenario 4: Djokovic has to go to jail

For the 20-time Grand Slam winner, things could get even worse. When asked on the immigration form whether he had traveled to other countries in the 14 days before entering Melbourne, Djokovic said no. However, there is evidence that Djokovic trained in Spain, among other places, during this time. The Serb himself wrote in a statement of “a human error” by his management that the form had been filled out. It would certainly not have been on purpose.

This mistake could have far-reaching consequences. Incorrect or misleading information on the entry form is “a serious offense” according to the Australian Border Guard website. A conviction can therefore threaten up to twelve months imprisonment.

Djokovic could expect an even longer prison term based on his testimony in court. According to the “Mirror”, the 34-year-old said in his trial that he learned of his positive PCR test result on December 16. He later claimed in a statement that this only happened on December 17th. According to Australian law, false testimony in court can result in a prison sentence of up to five years.

Even if Djokovic is expelled from Australia without a sentence, he could face trouble in his Serbian homeland. The tennis star admitted that he had attended PR appointments immediately after his positive corona test and wrote of a “misjudgment”.

In Serbia, however, domestic isolation for two weeks is required by law after an infection with Covid-19. “If he went to the event knowing that he had tested positive, he would have clearly violated Serbian laws,” Serbian Prime Minister Ana Brnabic confirmed to the “BBC”. According to Art. 248 of the Serbian Criminal Code, such a violation carries a prison sentence of up to three years.