Novak Djokovic will be deported from Australia after judges ruled that the immigration minister, Alex Hawke, did not act unlawfully in rescinding his visa for a second time.
Djokovic had hoped to defend his Australian Open title after winning a legal appeal against the initial cancellation of his visa by border force officials, but the federal court found he had no legitimate grounds on which to challenge Hawke’s decision. The Serb was seen boarding a flight for Dubai at Melbourne airport within hours of the verdict.
Djokovic’s lawyers mounted a strong fight but were obliged to work within narrow parameters, with procedural error and “illogical, irrational or unreasonable” reasoning on the minister’s part the only available avenues of legal argument.
Despite their best attempts to pour cold water on Hawke’s claim that Djokovic, as a “talisman of anti-vaccination sentiment”, posed a risk to civil order, the court unanimously dismissed the player’s case, ordering him to pay costs.
Chief Justice James Allsop said the ruling was based not on the “wisdom or merits” of Hawke’s decision, but whether it was lawful. The court’s reasons would be published at a later date, he added.
In a statement, Djokovic expressed his disappointment at the decision but said he respected the ruling and would liaise with border authorities over his departure.
“I will now be taking some time to rest and to recuperate, before making any further comments beyond this,” said the 34-year-old.
“I am extremely disappointed with the court ruling to dismiss my application for judicial review of the minister’s decision to cancel my visa, which means I 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. 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, who is unvaccinated, arrived in Melbourne 10 days ago after being granted a medical exemption to compete at the Australian Open. The exemption, approved by a Tennis Australia medical panel and confirmed by Victoria state government health experts, was based on evidence indicating that Djokovic tested positive for Covid-19 in Belgrade on 16 December.
Under federal rules, however, previous infection is not recognised as a valid basis for exemption, and his temporary visa was immediately revoked by Australian Border Force officials who concluded he had not satisfied strict criteria for entry into the country. It was reinstated by the federal circuit court following an appeal, only for Hawke to cancel it again on grounds of public interest.
Djokovic’s lawyers argued that his deportation might inflame anti-vaccination sentiment every bit as much as his continued presence, a point they claimed Hawke had failed to consider. They also contended that no attempt had been made to ascertain Djokovic’s stance on vaccination. But the huge public backlash against the Serb’s attempt to enter Australia unvaccinated ultimately made it difficult to argue with the government’s view that his deportation was in the public interest.
Hawke welcomed the court’s decision to uphold his ministerial ruling.
“Strong border protection policies are fundamental to safe-guarding Australia’s social cohesion, which continues to strengthen despite the pandemic,” he said in a statement. “Australians have made great sacrifices to get to this point and the Morrison government is firmly committed to protecting this position, as the Australian people expect.”
His sentiments were echoed by Scott Morrison, the Australian prime minister, who said he welcomed “the decision to keep our borders strong and keep Australians safe”.
“Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected,” read a statement from Morrison.
The verdict finally brings an end to a controversy that has completely overshadowed the build-up to the first grand slam of the year. Lucky loser Salvatore Caruso will take Djokovic’s place at the top of a skewed draw, with Matteo Berrettini, the seventh seed, becoming the highest-ranked player in the top quarter.
Djokovic, meanwhile, leaves with his reputation tarnished and a potentially significant dent in his hopes of overtaking Roger Feder and Rafael Nadal on the list of all-time major winners.
Nine of the Serb’s 20 slam titles have come at Melbourne Park; a 10th would have moved him one ahead of his two great rivals. Now he faces an automatic three-year ban from Australia and will have to wait until the French Open, where Nadal will no doubt be chomping at the bit to regain his crown, to stake his claim to supremacy – always assuming the Spaniard, the only former champion remaining in the field, doesn’t lift his second Australian Open title in two weeks’ time.