Thread by @sangpillai

Directions hearing (basically a quick hearing to work out what happens next) live before Judge Kelly (speedy!) Karen’s a professional court reporter and she’s breaking it down in simple terms. Stream and follow her if you’re interested 😊

https://twitter.com/karenlsweeney/status/1481925281158172675

For anyone watching, Djokovic’s lawyers are going through the Minister’s reasons now & arguing they are irrational. We can’t see them yet, but presumably they’ll be added to the (currently empty) court file in due course: comcourts.gov.au/file/Federal/P…

There’s been some discussion about whether the matter (currently before Judge Kelly in the Federal Circuit Court) will be transferred to the Federal Court. Djokovic’s lawyers don’t want that because of time. They want to file submissions early tomorrow w/govt response by 10pm

This would allow Djokovic (potentially) to play in the Open on Monday or Tuesday if he wins.

The Minister’s lawyers say they are fine with the proposed timeline, and neither ask for nor oppose transfer to the Federal Court.

Djokovic hasn’t been sent to detention tonight. He's been asked to report to immigration offices at 8am tomorrow. Ordinarily they'd be required to detain him - as the Minister's lawyer has just flagged. But as @maryannekenny has said the Minister has discretion to order otherwise

Minister’s lawyers say Djokovic will have access to his lawyers even if he is detained (as a matter of practice this has not always been guaranteed for others…). The Minister’s lawyers also say Djokovic won’t be deported until this legal challenge has been resolved.

Judge Kelly is telling the parties that there may still be a fundamental question to be answered in this case about whether the government’s policy on entry and medical exemptions was properly understood.

Minister’s lawyers say that may have been an issue with the original cancellation decision but that is over, and the Minister’s reasons were completely different. Djokovic’s lawyers say they agree - the reasons were different - but the only reason provided was irrational

It looks from this discussion like Hawke’s reasons were based around the potential for Djokovic’s presence in Australia to incite ‘anti-vax sentiment’.

The parties are hoping for a hearing on Sunday (most unusual but courts have shown a willingness to be flexible & move very quickly before). Djokovic's lawyers are asking for him to be detained with them.

Minister’s lawyers aren’t biting. On current instructions Novak will present at immigration offices at 8am tomorrow, be detained thereafter, be escorted to his solicitors’ offices w/ ABF supervision, be taken back to detention overnight, then be brought to the hearing on Sunday.

Judge Kelly confirms that the Minister can’t be compelled to offer any more: the visa re-cancellation makes Djokovic an unlawful non-citizen, and detention is mandatory under the Migration Act unless discretion exercised. And that’s a wrap! I guess we’ll see what happens tomorrow

Oh, they are back. The matter will be transferred to the Federal Court. There will be a videolink again where we’ll be able to watch the proceedings on Sunday.