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.
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.
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".
Medical exemption granted
Djokovic had been granted a medical exemption by organizers of the first grand slam of the year, but his fate now hangs in the balance.
Novak Djokovic tested positive for Covid-19 in December and was later given the go-ahead to travel to Melbourne, his lawyers said on Saturday.