The Press and Journal (Inverness, Highlands, and Islands)
Tennis star in last-ditch bid to avert deportation after visa cancelled again ELEANOR CROOKS
Novak Djokovic has had his visa cancelled for a second time but could still play in the Australian Open.
The world number one had been waiting since a judge overturned the original decision on Monday to find out whether Australia’s immigration minister Alex Hawke would use his powers to reimpose the penalty.
And, yesterday morning UK time, Mr Hawke released a statement saying he had made the judgment to send Djokovic home “on health and good order grounds”.
But the legal process is far from at an end and both parties were last night back in front of Judge Anthony Kelly, who made Monday’s reversal.
Djokovic’s legal team confirmed they will seek the same outcome this time at a virtual hearing at the Federal Court of Australia tomorrow, the day before his first-round match against fellow Serbian Miomir Kecmanovic.
The world number one was allowed to stay at his rented accommodation last night but will be detained again at 8am today, prior to a meeting with immigration officials.
He will remain in detention while he meets with his legal team to prepare a case and then be held overnight, potentially back at the Park Hotel where he spent four nights last week.
Both sides agreed at yesterday’s hearing that the location where the tennis star is being detained would be decided privately between the parties.
But even if he wins, there must be major question marks over whether he will be in the right physical and mental state to compete at a grand slam regardless of his famous resilience.
The government of prime minister Scott Morrison is firmly committed to protecting Australia’s borders, particularly in relation to the Covid-19 pandemic. Mr Hawke’s legal representative, meanwhile, said the minister would not seek to deport Djokovic until proceedings were at an end, raising the possibility he could yet be sent home mid-tournament.
In his statement, Mr Hawke said: “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.
“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 decision means Djokovic also faces a threeyear ban from the country, which could mean he never plays at the Australian Open again, although that can be waived.
The situation has dominated global news since Djokovic was detained at Melbourne Airport last Thursday morning after Border Force officials concluded he did not have the right paperwork to enter the country.
The nine-time Australian Open champion, who is unvaccinated, had received an exemption through Tennis Australia from strict coronavirus vaccination rules for arrivals into the country by virtue of having tested positive last month.
Two other individuals – Czech player Renata Voracova and an official – with the same exemption were subsequently told they could not stay in the country and left before Judge Kelly ruled in favour of Djokovic on Monday.