RETURN OF SERB

Disappointed Djokovic says he will ‘rest and recuperate’ after judges uphold deportation

Novak Djokovic said he was disappointed a court yesterday dismissed his challenge to a deportation order and accepted his hopes of playing at the Australian Open were dashed.

The top-ranked tennis star released a statement shortly after three Federal Court judges unanimously upheld a decision made on Friday by Immigration Minister Alex Hawke to cancel the 34-year-old Serb’s visa on public interest grounds because he is not vaccinated for Covid-19.

“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,” Djokovic said.

“I respect the Court’s ruling and I will cooperate with the relevant authorities in relation to my departure from the country.”

Djokovic said he was “uncomfortable” that the focus had been on him since his visa was first cancelled on arrival at Melbourne’s airport on January 6.

“I hope that we can all now focus on the game and tournament I love,” he said.

The decision likely means that Djokovic will remain in detention in Melbourne until he is deported.

The national federation that runs the tournament, Tennis Australia, said it respected the Federal Court decision.

“We look forward to a competitive and exciting Australian Open 2022 and wish all players the best of luck,” it said in a statement.

Deportation usually occurs as soon as possible after an order unless prevented by court action. The government has not said when Djokovic will leave. A deportation order also usually includes a threeyear ban on returning to Australia.

In Serbia, President Aleksandar Vucic said the hearing was “a farce with a lot of lies”.

“They think that they humiliated Djokovic with this 10-day harassment, and they actually humiliated themselves. If you said that the one who was not vaccinated has no right to enter, Novak would not come or would be vaccinated,” Vucic said.

He said he told Djokovic after talking to him “that we can’t wait to see him in Serbia, to return to his country, to come where he is always welcome”.

Chief Justice James Allsop said the ruling came down to whether the minister’s decision was “irrational or legally unreasonable”.

Hawke welcomed the decision. His office did not immediately provide detail of how or when Djokovic would leave. Prime Minister Scott Morrison welcomed what he described as the “decision to keep our borders strong and keep Australians safe”.

Djokovic could potentially appeal to the High Court but not in time to compete in the Australian tournament.

“I will now be taking some time to rest and to recuperate before making any further comments beyond this,” he said.

The court process that Djokovic had hoped would keep his aspirations alive for a record 21st Grand Slam was extraordinarily fast by Australian standards.

Within three hours of Hawke’s announcement on Friday that Djokovic’s visa was cancelled, his lawyers went before a Federal Circuit and Family Court judge to initiate their challenge to the decision. The case was elevated to the Federal Court on Saturday and submissions were filed by both sides that day. The three judges heard the case in five hours yesterday and announced their verdict two hours later.