Djokovic in quandary as Oz visa pulled again
Lawyer says it’ll be very hard to get legal ruling in time for No 1 to play
Tennis star Novak Djokovic faces deportation again after the Australian Government revoked his visa for a second time.
Immigration Minister Alex Hawke said yesterday that he used his ministerial discretion to revoke the 34-yearold Serb’s visa on public interest grounds three days before the Australian Open is to begin.
Djokovic’s lawyers are expected to appeal the cancellation in the Federal Circuit and Family Court, as they successfully did when it was cancelled the first time last week.
Hawke said he cancelled the visa on “health and good order grounds, on the basis that it was in the public interest to do so”.
“The Morrison Government is firmly committed to protecting Australia’s borders, particularly in relation to the Covid-19 pandemic,” Hawke said, referring to Prime Minister Scott Morrison.
It is the second time Djokovic’s visa has been cancelled since he arrived in Melbourne last week to defend his Australian Open title.
His exemption from a Covid-19 vaccination requirement to compete was approved by the Victoria state government and Tennis Australia, the Open organiser. That apparently allowed him to receive a visa to travel.
But the Australian Border Force rejected the exemption and cancelled his visa upon arrival in Melbourne. Djokovic spent four nights in an immigration detention hotel before a judge on Monday overturned that decision.
Melbourne-based immigration lawyer Kian Bone said Djokovic’s lawyers face an “extremely difficult” task to get court orders over the weekend to allow their client to play next week. “For Djokovic to get the outcomes he needs to play would be extremely difficult to obtain over the weekend,” Bone said. Hawke’s delay in reaching a decision bordered on punitive, Bone said.
“If you left it any later than he has done now, I think from a strategic standpoint he’s [Hawke’s] really hamstringing Djokovic’s legal team, in terms of what sort of options or remedies he could obtain,” Bone said hours before the decision was announced.
The lawyers would need to go before a duty judge of the Federal Circuit and Family Court or a higher judge of the Federal Court to get two urgent orders. One order would be an injunction preventing his deportation, like the order he gained last week. The second would order Hawke to grant Djokovic a visa to play.
“That second order is almost not precedented,” Bone said. “Very rarely do the courts order a member of the executive government to grant a visa.”
Jacqui Lambie, an influential independent senator, argued that Djokovic should be sent packing if he had broken Australia’s vaccine rules.
But hours before the visa cancellation was announced, she complained about how long Hawke was taking to reach a decision.
“Why does this keep dripping out of the tap? Alex Hawke, where are you? Missing in action?” Lambie asked on Nine Network television. “If you can’t make a decision on Novak Djokovic, goodness me, how are you guys running the country? This is an absolute shambles.”