Four days after securing his release from immigration detention, Novak Djokovic is facing a second legal battle against deportation from Australia after the immigration minister, Alex Hawke, used discretionary powers to cancel the world No 1’s visa.
In a hastily convened hearing in Melbourne late on Friday night, Djokovic’s legal team said “every minute before the [Australian Open] starts on Monday” was “precious” as they successfully sought an injunction preventing the Serb’s immediate expulsion.
Djokovic is expected to attend an interview with immigration officials at 8am on Saturday, following which he will be detained at an undisclosed location. Meetings with his lawyers will be permitted on Saturday and Sunday under the supervision of Australian Border Force representatives, before his case is heard in the federal court on Sunday.
In submissions to Judge Anthony Kelly at the federal circuit court, Djokovic’s lawyer, Nicholas Wood, suggested Hawke’s decision to revoke the player’s visa was based on fears that his continued presence in Melbourne could lead to “excitement” among the anti-vaccination community. Wood, who had warned of a “media circus” should Djokovic be interviewed at the offices of his legal representatives, branded the minister’s logic “irrational”.
Attempts by Djokovic’s legal team to expedite his appeal were frustrated, however, after Judge Kelly ruled the case should be moved up to the federal court, which he reasoned would have to confirm any order he made. With Djokovic scheduled to play his opening match against compatriot Miomir Kecmanovic on Monday, Wood had originally requested a Sunday hearing before Judge Kelly.
With the grounds of appeal limited, legal experts believe Hawke’s decision almost certainly draws a line under Djokovic’s hopes of defending the Australian Open title. The verdict also leaves Djokovic facing the prospect of a three-year ban from a country where he has won nine of his 20 grand slam titles, although the sanction could be waived at the minister’s discretion.
“Today I exercised my power under section 133C (3) of the Migration Act to cancel the visa held by Mr Novak Djokovic on health and good order grounds, on the basis that it was in the public interest to do so,” Hawke said in a statement.
“This decision followed orders by the federal circuit and family court on 10 January 2022, quashing a prior cancellation decision on procedural fairness grounds. In making this decision, I carefully considered information provided to me by the Department of Home Affairs, the Australian Border Force and Mr Djokovic.
“The Morrison government is firmly committed to protecting Australia’s borders, particularly in relation to the Covid-19 pandemic.”
Hawke’s decision was supported by Scott Morrison, the Australian prime minister, who had previously voiced his expectation that rules requiring overseas visitors to be fully vaccinated or hold a valid medical exemption should be enforced.
“Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected,” said Morrison. “This is what the minister is doing in taking this action today. Our strong border protection policies have kept Australians safe.”
Should Djokovic be expelled from the country, Rafael Nadal would be the only previous Australian Open champion left in the field. Nadal, the 2009 winner, is in the top half of the draw, where he is seeded to play world No 3 Alexander Zverev ahead of a projected semi-final against Djokovic.
The absence of Djokovic would also require a late reshuffle of the draw, with fifth seed Andrey Rublev replacing the Serb in the top berth.
Djokovic, who has not been inoculated against Covid-19, was detained at Melbourne airport last week after Australian Border Force officials said he had failed to provide evidence that he qualified for a vaccine exemption. His visa was cancelled and he was conveyed to a detention hotel in Carlton, where he was held for four days before Judge Kelly ruled his immediate release on grounds of procedural unfairness.
Lawyers for the government warned that Hawke had the power to overturn the verdict, and with a decision looming Djokovic took to social media to acknowledge that a mistake had been made on his travel declaration. He also admitted he made an “error of judgment” by participating in an interview and photoshoot in Belgrade after testing positive for Covid-19.