A leading lawyer says he believes Judge Anthony Kelly could grant a temporary injunction, paving the way for Novak Djokovic to play in the Australian Open even if his visa is cancelled again.

The world number one has been freed from immigration detention in Melbourne, after a judge overruled the federal government’s decision to cancel his visa.

The unvaccinated player was detained for four days.

All eyes are on Immigration Minister Alex Hawke, who still has the personal power to deport the Serbian tennis star.

Media and litigation lawyer at Thomson Geer, Justin Quill, explained why the government’s next move is taking so long.

“I was almost certain, as certain as you can be, that Djokovic was going to win,” he told Scott Emerson on 4BC Drive.

“I think it’s important to say, we say ‘he won’ technically it wasn’t a win because the judge didn’t actually make any decision or findings the parties agreed to resolve it.”

He said it wasn’t just a political decision.

“I think the judge signalled right at the end of the hearing yesterday, ‘come back and see me if you make this decision again and Mr Djokovic you want to challenge that decision, come back and see me’.

“And he was clearly agitated and annoyed by the government’s conduct. And I think that was signalling ‘I will grant a temporary injunction, so you will play at the Australian Open next week’.”

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