Novak Djokovic loses appeal against visa cancellation and set to be deported from Australia

World tennis number one Novak Djokovic will be deported from Australia ahead of the first grand slam tournament of the year after the full Federal Court today dismissed his legal bid to restore his visa.

The Court rejected a challenge to the decision of Australian Minister for Immigration, 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, but explained the decision of the court did not reflect on “the merits or wisdom of the decision”.

Djokovic’s lawyers had argued this conclusion was not open to Hawke because it was “illogical, irrational or unreasonable” and that Minister Hawke based the decision on Djokovic’s public statements about vaccination without actually seeking his views.

In fresh submissions overnight, the tennis champion’s lawyers added that Hawke had failed to consider the impact on anti-vaccination sentiment if his visa were cancelled.

The decision will impact Djokovic’s quest to retain his Australian Open crown (which he has won on nine previous occasions) and record 21st grand slam title.

Commenting on Minister Hawke’s use of his personal powers under section 133C(3) of the Migration Act to cancel Djokovic’s visa, Monash University Associate Professor Maria O’Sullivan, Deputy Director of the Castan Centre for Human Rights Law, stated “the Djokovic appeal raises issues about the breadth of the power of the Australian Minister for Immigration, including the authority to cancel a visa if they think it's in the public interest.

“Many organisations and academics have criticised these powers over the past few years because they give largely unconstrained powers to one person.

“The rate of visa cancellations by the current (Federal) Government has been the subject of previous controversies, for instance, the high rate of visa cancellations in 2020 of New Zealand nationals living in Australia, long-term.”

Image: Novak Djokovic at the Australian Open. Credit: Shutterstock.