Novak Djokovic’s application against the Ministry of Immigration’s cancellation of his visa has been “dismissed with costs” by a federal court. The world No.1 now has no Australian visa and will be deported.
The nine-time Australian Open champion will not be defending his crown.
The court made a “unanimous” order and the judge clarified that the case should be seen as a judicial review of the executive branch and not an appeal.
Djokovic‘s case was against the Minister of Immigration, Citizenship, Migrant Services and Multicultural Affairs after Alex Hawke cancelled his visa for the second time on the grounds he was a threat to public order because his presence would encourage anti-vaccination sentiment.
Djokovic was placed in the draw but following the ruling, his place in the draw will be taken by a lucky loser from qualifying.
Djokovic spent Saturday night in an immigration detention hotel after he and his lawyers met with immigration officials earlier in the day. Television footage showed the 34-year-old Serb wearing a face mask as he sat in a vehicle near the hotel Sunday morning.
He is permitted to leave the hotel to spend Sunday in his lawyers’ offices, under the guard of two immigration officials, while the challenge is heard via a video conference.
Djokovic spent four nights confined to a hotel near downtown Melbourne before being released last Monday when he won a court challenge on procedural grounds against his first visa cancellation.
Immigration Minister Alex Hawke on Friday blocked the visa, which was originally revoked when he landed at a Melbourne airport on Jan. 5.
Deportation from Australia can lead to a three-year ban on returning to the country, although that may be waived, depending on the circumstances.
Hundreds of activists held a peaceful rally outside the Melbourne Park complex that hosts the Australian Open, and planned another for Monday.
“We’re at Rod Laver Arena to support Novak. He’s won nine (Australian Open) titles here. Hopefully this will be No. 10 – if he can get out of quarantine and get his visa back,” said Harrison McLean, one of the rally organizers. “We’re a peaceful movement, here to raise awareness and support everyone’s freedom of choice.”
Sydney-based immigration lawyer Simon Jeans said he was surprised that Djokovic was granted a visa at all because his COVID-19 infection last month would not have exempted him from Australia’s strict rules that foreign visitors need to be vaccinated unless there are sound medical reasons that they can’t be.
“The unanswered question is if Djokovic was such a threat to good order, why grant him a visa” in November? Jeans asked. “This is a high-risk strategy. It’s going to be much harder for the minister to convince three judges that what he did was in the public interest.”
Djokovic, who has won the last three Australian Open titles, was seeking a record 21st Grand Slam singles title. He is currently tied with Rafael Nadal and Roger Federer for the most by a man in history.
(With AFP inputs)
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