Novak Djokovic will be deported from Australia ahead of the Australian Open after the full federal court dismissed the world No 1’s bid to restore his visa.
On Sunday the court rejected a challenge to the decision of Australian immigration minister, Alex Hawke, to cancel the visa on the basis Djokovic’s presence in Australia might risk “civil unrest” as he is a “talisman of anti-vaccination sentiment”.
Chief Justice James Allsop announced the court unanimously dismissed Djokovic’s application, with costs to be paid by the tennis star.
Allsop explained the decision of the court did not reflect on “the merits or wisdom of the decision” but rather whether it was so irrational as to be unlawful. Full reasons will follow at a later date.
The decision is a major setback for Djokovic’s quest to win a 10th Australian Open crown and a record 21st grand slam title.
In a statement Djokovic said he was “extremely disappointed” with the ruling, acknowledging it meant he “cannot stay in Australia and participate in the Australian Open”.
“I respect the court’s ruling and I will cooperate with the relevant authorities in relation to my departure from the country,” he said.
“I am uncomfortable that the focus of the past weeks has been on me and I hope that we can all now focus on the game and tournament I love.
“I would like to wish the players, tournament officials, staff, volunteers and fans all the best for the tournament.”
Djokovic said he intended to take some time to “rest and recuperate” before making any further comment.
Djokovic’s lawyers had argued Hawke’s decision was “illogical, irrational or unreasonable” and the minister based it on Djokovic’s public statements about vaccination without actually seeking his views.
In fresh submissions overnight, Djokovic’s lawyers added that Hawke had failed to consider the impact on anti-vaccination sentiment if his visa were cancelled.
In court on Sunday, the minister’s counsel, Stephen Lloyd, argued Australia “must not be bound to suffer the presence of an alien for fear of what might happen if they were removed”.
Use of the ministerial power to cancel a visa comes with a three-year ban on re-entering Australia, except in compelling circumstances, such as compassionate or Australian national interest grounds.
Djokovic arrived in Australia on the evening of 5 January. He believed that a visa granted on 18 November and a medical exemption approved by Tennis Australia and a Victorian government independent expert panel would be sufficient to enter Australia.
Djokovic’s visa was first cancelled by Australian Border Force hours after he arrived at Melbourne airport and he was taken to a detention hotel.
On Monday a federal circuit court judge restored Djokovic’s visa, concluding it was unreasonable for the ABF to renege on a deal to give him more time at the airport to address the exemption issue.
After a week’s deliberation, Hawke cancelled Djokovic’s visa again on Friday on the new ground that his presence might be a risk to “health and good order”.
The Australian prime minister, Scott Morrison, backed the cancellation decision, arguing that Australians had “made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected”.
“This is what the minister is doing in taking this action,” Morrison said in a statement on Friday.
Reaction in Australia to the court result was mixed. The Labor opposition’s home affairs spokeswoman, Kristina Keneally, said the Morrison government had made itself “a laughing stock on the world stage”.
“The Morrison government’s own argument before the court was that Mr Djokovic’s visa should be cancelled because his presence here may foster anti-vaccination sentiment based on what he did and said before he was granted a visa,” Keneally said.
“This must prompt the question, why did Mr Morrison’s government grant him a visa to come to Australia in the first place?”
Australian tennis star, Nick Kyrgios, expressed disappointment with a face-palm emoji. He was one of few players who had called for Djokovic to be allowed to stay and play.
Liberty Victoria president, Michael Stanton, said the case had “drawn attention to Australia’s dysfunctional visa cancellation and detention regimes and to the troubling use of the minister’s God-like personal powers”.
While Djokovic has a safe, comfortable life to return to, refugees who flee their homes only to be deported- are doubly persecuted. They cannot return safely. This is what it means to be a refugee.
— Behrouz Boochani (@BehrouzBoochani) January 16, 2022