Novak Djokovic faces deportation from Australia after a Federal Court ruled to overturn his application to have his visa cancellation overturned. His application has been dismissed with costs.
The decision was unanimous between the three judges.
His visa was cancelled by Immigration Minister Alex Hawke for a second time on Friday for reasons including concerns the player’s presence in the country could undermine Australia’s Covid-19 response.
It means the decision made by the Immigration Minister Alex Hawke to cancel his visa stands.
Djokovic released a statement soon after the verdict was handed down, claiming he was “extremely disappointed” with the outcome.
Djokovic will be deported from Australia, will be unable to compete in the Australian Open and may face a ban on entry to Australia of up to three years.
Lawyers for Djokovic argued that the cancellation of his visa itself would more likely spur significant anti-vax sentiment, including large-scale protests.
Chief Justice Allsop declared the decision to boot Djokovic was unanimous across the full bench.
“This is not an appeal against the decision of the executive government,” he told the court.
The hearing has been adjourned to consider if any other orders are needed.
Tennis Australia will now need to come up with an alternative play schedule for Monday night.
Scott Morrison says he welcomes the Federal Court’s decision
Prime Minister Scott Morrison has released a statement:
The Full Federal Court of Australia unanimously decided to dismiss Mr Novak Djokovic’s application for judicial review which sought to challenge the Minister for Immigration’s decision to cancel his visa.
This cancellation decision was made on health, safety and good order grounds, on the basis that it was in the public interest to do so.
I welcome the decision to keep our borders strong and keep Australians safe.
As I said on Friday, Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected.
Over the pandemic, together we have achieved one of the lowest death rates, strongest economies and highest vaccination rates, in the world.
Strong borders are fundamental to the Australian way of life as is the rule of law.
Our Government has always understood this and has been prepared to take the decisions and actions necessary to protect the integrity of our borders.
I thank the Court for their prompt attention to these issues and the patience of all involved as we have worked to resolve this issue.
It’s now time to get on with the Australian Open and get back to enjoying tennis over the summer.
Immigration Minister Alex Hawke says he is pleased
Immigration Minister Alex Hawke says he is pleased his decision to cancel Novak Djokovic’s visa was upheld.
“I welcome today’s unanimous decision by the Full Federal Court of Australia, upholding my decision to exercise my power under the Migration Act to cancel Mr Novak Djokovic’s visa in the public interest,” he said.
“Australia’s strong border protection policies have kept us safe during the pandemic, resulting in one of the lowest death rates, strongest economic recoveries, and highest vaccination rates in the world.
“Strong border protection policies are also fundamental to safe-guarding Australia’s social cohesion which continues to strengthen despite the pandemic.
“Australians have made great sacrifices to get to this point and the Morrison Government is firmly committed to protecting this position, as the Australian people expect.”
Djokovic’s statement
I would like to make a brief statement to address the outcomes of today’s Court hearing. I will now be taking some time to rest and to recuperate, before making any further comments beyond this.
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.
I respect the Court’s ruling and I will cooperate with the relevant authorities in relation to my departure from the country.
I am uncomfortable that the focus of the past weeks has been on me and I hope that we can all now focus on the game and tournament I love. I would like to wish the players, tournament officials, staff, volunteers and fans all the best for the tournament.
Finally, I would like to thank my family, friends, team, supporters, fans and my fellow Serbians for your continued support. You have all been a great source of strength to me.