Djokovic faces return battle as visa is again cancelled
Star fights deportation ruling that would ban him from re-entering Australia for three years
NOVAK DJOKOVIC was looking at another night in an immigration facility yesterday after his visa for entering Australia was cancelled again just three days before the start of the Australian Open.
Djokovic was due to be taken back into detention last night ahead of another court hearing tonight regarding the decision to deport him taken by Alex Hawke, the country’s immigration minister, one that would see him banned from re-entering Australia for three years.
Yesterday’s decision followed days of deliberation by Mr Hawke, who announced the world number one tennis player and poster boy for coronavirus vaccine sceptics should be thrown out of Australia “on health and good order grounds”.
Scott Morrison, the Australian prime minister, hailed the decision as the right one to protect the “sacrifices” citizens have made during some of the world’s toughest Covid-19 restrictions.
Djokovic sought an injunction to prevent him being deported immediately, with his lawyer telling a court hearing that Mr Hawke’s ruling was made on the basis that allowing the Serb to stay had the “potential for exciting anti-vaccine sentiment”.
Proceedings were referred to the Federal Court for a hearing due to finish on the eve of Djokovic’s first match of the first grand slam event of the year, one at which he was targeting record 21st major title.
Meanwhile, the 34-year-old faced being detained ahead of questioning by immigration officials at 9pm last night (8am today local time) before returning to either Melbourne’s Park Hotel or a similar immigration facility. He had been held for four days at the ad-hoc centre for refugees when his visa was first cancelled by border officials over his Covid19 vaccine status, a decision the court overturned because he had not been given enough time to speak to lawyers.
That had already reduced his preparation time for the Australian Open, something a second spell in detention risked further compounding.
He was also facing an even tougher battle to get back on court than that he won last week, with Australian law affording Mr Hawke huge powers of discretion in cancelling a visa.
Nicholas Wood, Djokovic’s lawyer, indicated during a hearing yesterday that his case would focus on Mr Hawke’s determination that the Serb’s ongoing presence risked undermining vaccination efforts. Mr Wood branded that argument “patently irrational”, accusing Mr Hawke of failing to consider the impact deporting, and potentially martyring, Djokovic would have on those same efforts.
The cancellation of Djokovic’s visa by Mr Hawke also triggered an automatic three-year ban – subject to the outcome of his hearing – on him re-entering the country other than in compelling circumstances that affect Australia’s national interest.
Any attempt by Djokovic to return to Melbourne could be complicated after it emerged he had breached Covid-19 lockdown rules in Serbia last month and submitted travel documents containing false information.
Sir Andy Murray, a long-time friend and rival of Djokovic, said yesterday that the Serb had to accept the “consequences” of refusing to get jabbed. “Ultimately, people have to make their own choices,” said the two-time Wimbledon champion. “But there are also consequences sometimes for those decisions.”
Mr Morrison’s government had been facing criticism over its handling of the pandemic before Djokovic’s arrival, with case numbers rocketing amid a shortage of rapid antigen tests. However, one poll showed 83 per cent of the public backed his tough stance on the tennis star.
Nemanja Starovic, Serbia’s foreign affairs minister, told the BBC that Serbia was asking Australia not to hold Djokovic in a
detention centre again, adding: “Unfortunately, he was treated like a criminal, so this could potentially damage the relations between our
two countries.”