Australian Government loses bid to delay Djokovic visa appeal
The Department of Home Affairs attempted to delay Djokovic's visa hearing, which would have seen him miss deadline for Australian Open.
Novak Djokovic's court appeal will take place on Monday after Australian Department of Home Affairs lawyers lost a bid to delay the timing of the case.
Home Affairs' lawyers applied to the Federation Circuit Court to re-schedule the case by two days from Monday to Wednesday but the application was dismissed by Judge Anthony Kelly.
Advantage Djokovic as Australian Open deadline avoided
Delaying the appeal until Wednesday would have been after Tennis Australia's stated deadline for inclusion in the upcoming Australian Open, due to begin on January 17.
Djokovic and his lawyers filed court documents on Saturday stated that the Serbian was granted a temporary activity visa on November 18, having been detained upon arrival in Melbourne.
The world number one's legal team are battling for him to be freed in order to prepare for and participate in the Australian Open in Melbourne.
Australian Border Force officials cancelled his visa application on Thursday, stating Djokovic had "failed to provide appropriate evidence to meet the entry requirements to Australia".
Djokovic had been granted a medical exemption by organisers of the first grand slam of the year, but his fate now hangs in the balance.
Djokovic tested positive for covid-19 in December and was later given the go-ahead by Australia's Department of Home Affairs to travel to Melbourne, his lawyers said on Saturday.