Djokovic, visa canceled. The Government suspends the expulsion

For the second time, the Australian government canceled Novak Djokovic’s visa, according to Immigration Minister Alex Hawke, the decision was made “for reasons of health and public order, as it was in the interest of the population to do so”. The number 1 filed an appeal through his lawyers and in an urgent hearing called by Judge Anthony Kelly, the same who had canceled the first cancellation of the visa, the case was sent back to the Federal Court: Sunday the final sentence. The decision to entrust the judgment to the Federal Court goes against the request of the attorneys of the sample servant, who had asked Judge Kelly to take charge of the final decision.

The defence

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Djokovic’s lawyers called the conduct that led Australian Immigration Minister Alex Hawke to cancel Djokovic’s visa “blatantly irrational” and demanded that the government’s decision be canceled and that Nole not be deported. The lawyer Nick Wood explained that evoking “the danger of favoring No vax feelings” if the 34-year-old Serbian remains in the country is “in stark contrast” with the reasons given by the immigration office which had only talked about the risk of contagion given that the tennis player is not vaccinated.

Australian Immigration Department lawyers have agreed not to expel Djokovic from the country until the tennis player’s appeal is over. No detention measures will be applied to the player until the interview, scheduled for tomorrow at 8 am (10 pm in Italy), with immigration officials. Then he will always be escorted by two Immigration officers, to the headquarters of his lawyers or to another agreed upon by the parties, until the final hearing before the Federal Court. If his appeal is accepted, Djokovic is expected to play the first round as early as Monday: the Australian Open has announced that the top half of the draw will be on the pitch on the first day of the tournament.

According to Australian media, Djokovic will have to show up tomorrow for an interview with immigration officials and until then he will not have to be housed in the Park Hotel, a detention center for irregular immigrants. According to Australian public law expert Janina Boughey, there is little chance that Djokovic’s appeal will be upheld, due to the minister’s broad powers. To change the fate could be only: a procedural error, a failure to comply with the terms of the law or a decision without foundation.

The statement

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Here is Minister Hawke’s statement: “Today I exercised my power under Article 133C (3) of the Migration Act to cancel Novak Djokovic’s visa for health and good order reasons, on the basis that this was in the public interest. This decision comes after the Federal Circuit and Family Court orders of January 10, 2022 that overturned a previous decision on procedural fairness grounds. In making this decision, I have carefully considered the information provided to me by the Department of Home Affairs, the Australian Border Force and Mr. Djokovic. The Morrison government is firmly committed to protecting Australia’s borders, in particular in relation to the Covid pandemic ”. Article 133 cited by the minister is what could lead to a three-year ban on entry to Australia. “I take note of the Immigration Minister’s decision on Novak Djokovic,” Australian Prime Minister Scott Morrison said. “This pandemic has been incredibly difficult for every Australian, but we have stood together and saved lives. Australians have made many sacrifices during this pandemic and rightly expect the outcome of those sacrifices to be protected. This is what the Minister is doing today in carrying out this action ”.

What happens now

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The case immediately returns to the judge. Only in this way, if the appeal is upheld, Djokovic could play the tournament at the start on Monday. But times are really tight. If no appeal is lodged, according to the Australian press Djokovic could return to Carlton’s Park Hotel, where he had already been taken upon his arrival in Melbourne following the first cancellation of his visa, waiting to be expelled from the country.

The tournament

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Meanwhile, Novak Djokovic will not be removed from the Australian Open draw until he is certain he cannot play. If he were to be sent off, the draw for the Australian Open would face a reshuffle: Andrey Rublev would move in place of Djookvic. In place of the Russian there would be Gael Monfils, and in place of the French Alexander Bublik. And a lucky loser would enter the draw.

The story

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This is the second time Djokovic’s visa has been canceled since arriving in Melbourne last week to defend his Australian Open title. His exemption from the Covid vaccination requirement to compete has been approved by the Victorian state government and Tennis Australia, the tournament organizer. This apparently allowed him to receive a travel visa. But the Australian Border Force refused the exemption and canceled his visa upon arrival in Melbourne. Djokovic spent four nights in hotel detention before a judge overturned that decision, then trained at Melbourne Park to prepare for the first Grand Slam of the season which begins on Monday.