Tennis star deported and boards plane after losing appeal over Australian visa

16 janvier 2022 look-travels Aucun commentaire

[ad_1]

Three Federal Court judges upheld a decision made on Friday by the immigration minister with Djokovic confirming his withdrawal from the tournament at Melbourne Park, while claiming to have felt “uncomfortable” at the focus on him in the last week. Djokovic is not vaccinated against COVID-19, will remain in detention in Melbourne before being deported. In a separate blow for Djokovic and his hopes of solidifying his position as the greatest men’s player of all time in terms of most Grand Slams won, his deportation order usually also includes a three-year ban on returning to Australia, which, at 34 years of age, could spell an end to realistic hopes of winning in Melbourne again.

The minister cancelled the visa on the grounds that Djokovic’s presence in Australia may be a risk to the health and “good order” of the Australian public and “may be counterproductive to efforts at vaccination by others in Australia.”

Djokovic’s visa was initially cancelled on Jan. 6 at Melbourne’s airport hours after he arrived to compete in the first Grand Slam of 2022. A border official cancelled his visa after deciding Djokovic didn’t qualify for a medical exemption from Australia’s rules for unvaccinated visitors.

Follow all the latest news, reaction and analysis below as Djokovic’s hopes of defending his Australian Open title appear to be over

Novak Djokovic latest news

Novak Djokovic loses appeal in Federal Court Case and faces deportation from Australia
FULL STORY: Djokovic to be deported from Australia after judges uphold decision to cancel visa
Djokovic confirms Australian Open withdrawal in statement after losing appeal
Australian immigration minister made decision to deport world No 1 on Friday
Visa cancelled for a second time over fears of civil unrest
Court adjourns to consider verdict
Why is Djokovic opposed to the vaccine? Controversial beliefs explained
Pictures: Djokovic escorted by AFP at Melbourne airport

Greg Rusedski blames Australian Open and Victorian Government for Novak Djokovic saga

11:40 , Jack Rathborn

Former British number one Greg Rusedski insists the Australian Open and Victorian Government could have avoided the “mess” surrounding the Novak Djokovic saga with firmer guidelines surrounding the Covid vaccine.

Rusedski said: “This whole mess with Novak could have easily been avoided.

“If the Australian Open and Victorian Government would have said no medical exemptions are allowed to participate Australian Open.

“You have to be double vaxxed or you cannot participate. Why did this not happen?”

Josh Isner leaps to defence of Novak Djokovic

11:30 , Jack Rathborn

Josh Isner has leaped to the defence of Novak Djokovic after the Serbian was deported after failing to provide a recognised Covid vaccine exemption.

Isner saying on Twitter: “Nole always has and always will be class.

“He’s an absolute legend in my book that has brought so much good to millions around the world. This isn’t right.”

Andy Murray labels Novak Djokovic’s deportation from Australia ‘a s***show’

11:17 , Jack Rathborn

Andy Murray has labelled Novak Djokovic‘s deportation from Australia “a s***show”.

One of the most extraordinary episodes in tennis history ended with the Federal Court of Australia upholding the decision of the country’s Immigration Minister to cancel Djokovic‘s visa for a second time.

The nine-time Australian Open champion found himself in a fight with the government from the moment he landed in Melbourne last week as a political storm raged over an exemption allowing him into the country despite being unvaccinated against coronavirus.

Now he is heading home, leaving the rest of the players and the tournament to try to bring the focus back to tennis.

Giving his reaction, Murray told the BBC: “Novak is someone I have known since we were 12 years old, he is someone who I respect and have competed against. I don’t like he is in this situation and I don’t like he has been in detention.

“The situation has not been good all round for anyone. Hopefully, from all sides, from the tournament and from Novak, we can make sure this doesn’t happen at any other tournaments and that something is in place ahead of time.

“It feels everything here happened extremely last minute and that’s why it became such a s***show.”

Novak Djokovic escorted by AFP at Melbourne airport

11:10 , Jack Rathborn

Novak Djokovic walks in Melbourne Airport before boarding a flight (REUTERS)

3/3 SLIDES

Novak Djokovic boards plane to Dubai after being deported by Australia

11:00 , Jack Rathborn

Tennis star Novak Djokovic boarded a plane bound for Dubai on Sunday evening, a Reuters journalist said, after the Australian Federal Court upheld the government’s cancellation of his visa in a drama over his decision not to be vaccinated against coronavirus.

The player was seen boarding an Emirates flight from Melbourne just hours after the court ruling.

Rafael Nadal: Australian Open is bigger than Novak Djokovic or any one player

10:56 , Jack Rathborn

Rafael Nadal insists the Australian Open is bigger than any one player as Novak Djokovic is sent packing back to Europe by Australia after failing to present a sufficient Covid vaccine exemption.

“It’s very clear that Novak is one of the best players of the history, without a doubt, » said Nadal.

« But there is no one player in history that’s more important than an event, no? No one, even roger, Novak, myself, Bjorn Borg who was amazing at his times, tennis keep going.

“Australian Open is much more important than any player. If he’s playing finally, okay. If he’s not playing, Australian Open will be a great Australian Open with or without him. That’s my point of view.”

Novak Djokovic escorted by AFP at Melbourne airport

10:46 , Jack Rathborn

Novak Djokovic has left the Marhaba lounge at Melbourne airport after being escorted by AFP through security.

He will fly back to Europe via Dubai at 11:30am GMT.

Novak Djokovic ‘extremely disappointed’ as he confirms withdrawal from Australian Open

10:40 , Jack Rathborn

Novak Djokovic says he is “extremely disappointed” to have lost his fight to stay in Melbourne and play in the Australia Open after his final bid to reinstate his visa was rejected by a federal court.

Three judges deliberated for two hours on Sunday before reaching a unanimous decision to uphold the special ruling by immigration minister Alex Hawke to cancel Djokovic’s visa.

The court’s verdict means Djokovic will now be deported back to Europe and could face a ban of three years from Australia, leaving the 34-year-old of the possibility of never again playing in his most successful Grand Slam where he has won nine times.

Novak Djokovic issues statement after losing fight to stay in Australia

ATP: Novak Djokovic safa deeply regrettable

10:30 , Jack Rathborn

A statement from the ATP says: “Today’s decision to uphold Novak Djokovic’s Australian visa cancellation marks the end of a deeply regrettable series of events. Ultimately, decisions of legal authorities regarding matters of public health must be respected. More time is required to take stock of the facts and to take the learnings from this situation.

“Irrespective of how this point has been reached, Novak is one of our sport’s greatest champions and his absence from the Australian Open is a loss for the game. We know how turbulent the recent days have been for Novak and how much he wanted to defend his title in Melbourne. We wish him well and look forward to seeing him back on court soon.

“ATP continues to strongly recommend vaccination to all players.”

Tennis world reacts to Novak Djokovic ruling

10:20 , Jack Rathborn

French tennis player Alize Cornet said: “I know too little to judge the situation. What I know is that Novak is always the first one to stand for the players. But none of us stood for him. Be strong @DjokerNole”

Australian senator Nick McKim added: “Djokovic gets deported to resume his privileged life. Meanwhile people who have been found to be genuine refugees continue to languish in Australian prisons after nine years of exile, murder, abuse and brutal dehumanisation. We must remove the Minister’s god-like powers. Now.”

Former Australian tennis player Rennae Stubbs said: “It’s official. The 9 time defending champion will be deported from Australia. This is a sad sad day for tennis, Australia, the Australian Open and obviously for @DjokerNole. I honestly cannot believe it’s come to this.”

Daniel Vallverdu, tennis coach and former player, said: “Everyone in tennis from players to coaches to journalists to tv commentators lets make a conscious effort to turn the page and give the well deserved attention to the players competing the next two weeks. They have been training for months and its their time. Good luck to all!”

Former Australian PM claims Novak Djokovic saga ‘all avoidable’

10:10 , Jack Rathborn

Former Australian PM Kevin Rudd claims the Novak Djokovic saga was “all avoidable”, while taking a swipe at PM Scott Morrison.

“The end of a week-long, political circus – all avoidable had Morrison not issued Djokovic a visa in the first place,” Rudd said.

“He then tries to look like a hairy chested Howard: ‘we decide who comes here, nobody else’. Meanwhile hospital crisis off the front page.”

Serbian President: Novak Djokovic always welcome in Serbia

10:00 , Jack Rathborn

Serbian President Aleksandar Vucic said he had spoken to Novak Djokovic after an Australian court decided to deport the tennis player.

“I spoke to Djokovic and told him we cannot wait to see him,” Vucic told reporters.

“I told him he is always welcome in Serbia.”

Minister for Immigration reacts to Novak Djokovic ruling

09:50 , Jack Rathborn

Alex Hawke, Australia’s Minister for Immigration, has reacted to the ruling: “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.

“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.”

Tennis Australia under pressure after Federal Court ruling on Novak Djokovic

09:40 , Jack Rathborn

Governing body Tennis Australia (TA) said on Sunday it respected the decision of Australia’s Federal Court to uphold Novak Djokovic’s visa cancellation which has ruled the defending champion out of the Australian Open.

Djokovic has not been the only player to be deported, Czech doubles player Renata Voracova was deported having entered under the same exemption as the Serbian while a coach and official have also left the country.

TA issued only a brief statement on Sunday, though, saying: “Tennis Australia respects the decision of the Federal Court.

“As per Grand Slam rules, the number one position in the draw has been filled by a lucky loser.

“We look forward to a competitive and exciting Australian Open 2022 and wish all players the best of luck.”

Timeline of Novak Djokovic saga

09:32 , Jack Rathborn

Jan 4: Djokovic reveals he is on his way to the Australian Open under a medical exemption. He writes on Instagram: “I’ve spent fantastic quality time with my loved ones over the break and today I’m heading Down Under with an exemption permission. Let’s go 2022!!”

Jan 5: Australian Prime Minister Scott Morrison warns Djokovic he will be on the “next plane home” if his medical exemption is deemed insufficient, and is adamant Djokovic will not receive preferential treatment.

Jan 5: Djokovic’s visa is cancelled upon his arrival in Melbourne. The Australian Border Force announces that the player “failed to provide appropriate evidence to meet the entry requirements for Australia”.

Jan 6: Djokovic is sent to the Park detention hotel in Melbourne, which is used to house refugees and asylum seekers. He launches an appeal, which is adjourned until 10am on January 10. Serbian president Aleksandar Vucic says Djokovic is the victim of “persecution”.

Jan 9: Documents show Djokovic was granted a vaccine exemption to enter Australia because he recorded a positive Covid-19 test in Serbia on December 16. However, social media posts reveal he attended a number of social events in the days following his diagnosis.

Jan 10: Djokovic’s visa cancellation is quashed by Judge Anthony Kelly, who orders the Australian Government to pay legal costs and release Djokovic from detention within half an hour. Djokovic says he is “pleased and grateful” and wishes to “stay and try to compete”.

Jan 11: Djokovic’s title defence remains in doubt as the Immigration Minister ponders whether to override the court’s ruling.

Jan 12: Djokovic admits making an “error of judgement” by attending an interview with a French journalist while Covid positive. He adds that, although he attended a children’s tennis event the day after being tested, he did not receive notification of the positive test until after the event. He also attributed an inaccuracy on his declaration form to an error from his agent.

Jan 13: Djokovic is drawn to face fellow Serb Miomir Kecmanovic in the first round.

Jan 14: Immigration Minister Alex Hawke cancels Djokovic’s visa for a second time, saying in a statement it was “on health and good order grounds”.

Jan 14: Djokovic immediately launches another legal challenge and in a hastily-arranged court hearing it emerges Hawke made his decision due to the possibility of Djokovic stoking anti-vaccination sentiment in Australia.

Jan 15: Djokovic is formally detained again and taken back to the Park hotel.

Jan 16: Three judges at the Federal Court of Australia unanimously reject Djokovic’s challenge and he decides not to take his fight any further and accepts deportation.

Novak Djokovic set for deportation from Australia tonight

09:21 , Jack Rathborn

Novak Djokovic is set for deportation from Australia tonight.

After losing his appeal against the cancellation of his visa on Covid vaccine exemption grounds, the Serbian will now depart 11 days after landing.

He is due to fly out on the 10.30pm local time (11:30am GMT) Emirates flight to Dubai in around two hours

Australian PM: ‘It’s now time to get on with the Australian Open and get back to enjoying tennis over the summer’

09:09 , Jack Rathborn

Scott Morrison has stated that “it’s now time to get on with the Australian Open and get back to enjoying tennis over the summer” following an order to deport Novak Djokovic.

A statement read: “The Full Federal Court of Australian 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 deicision 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 this prompt attention to these issues and the patience of all involved as we have worked to resolve this issue. It’s no time to get on with the Australian Open and get back to enjoying tennis over the summer.”

Patrick Mouratoglou: Australian Open is big loser after Novak Djokovic saga

09:02 , Jack Rathborn

Patrick Mouratoglou, the former coach of Serena Williams, has described the Novak Djokovic saga as a mess.

He said: “The big loser of this mess is the tournament.

“The only good news is that we will hopefully start talking about tennis.”

Novak Djokovic’s controversial beliefs and why he is opposed to the vaccine

08:56 , Jack Rathborn

According to Novak Djokovic, one of the defining days of his career came in the summer of 2010. He had already won his first grand slam title, but a recurring shortness of breath was plaguing him in matches. To watch Djokovic now is to see one of the world’s most obstinately enduring athletes in action. He covers the tennis court with almost robotic efficiency, always two steps ahead of his flagging opponents. Back then, it was Djokovic who felt unusually jaded. On several occasions, in the heat of arduous matches, he even called for medical breaks out of fear he might collapse.

Dr Igor Cetojevic, a Serbian who describes himself as a “specialist in energetic medicine”, was put in touch with Djokovic through a mutual friend. The pair met in Croatia, where Cetojevic asked Djokovic to stretch out his left arm while pressing a piece of bread against his stomach. To Djokovic’s surprise, his arm felt appreciably weaker when in close proximity to gluten. As ridiculous as it might seem that such a meticulous player was pliant to such vague “alternative therapies”, it’s possible to see all the success and controversy of Djokovic’s career – 19 grand slam titles, a record number of days spent as world No 1 and not quite so many detained at an immigration hotel in Melbourne – through the prism of that day.

Long before Djokovic stubbornly forged one of the great sporting careers of the modern era, he had already become entrenched in a mindset that deflected outside influences. As a child raised as an orthodox Christian in war-torn Serbia, he was taught to be self-sufficient. As a prolific junior, he was a relative outsider whose parents uprooted from a ski resort in the mountains to risk all for Djokovic’s own unlikely journey to the pinnacle. That sense of resistance and ingrained suffering, which is often interpreted as being disagreeable or aloof, has always been fundamental to Djokovic’s character. It has also acted as a defence mechanism, shielding him against the public’s favouritism for Roger Federer and Rafael Nadal, the feeling that he was always an unwanted intruder on their legacies.

Novak Djokovic’s controversial beliefs and why he is opposed to the vaccine

Australian Open Day One Oder of Play

08:48 , Jack Rathborn

(Play begins at 0000 GMT)

ROD LAVER ARENA

Tatjana Maria (Germany) v 5-Maria Sakkari (Greece)

Camila Osorio (Colombia) v 13-Naomi Osaka (Japan)

Not before 0300 GMT

Marcos Giron (U.S.) v 6-Rafa Nadal (Spain)

From 0800 GMT

1-Ash Barty (Australia) v Lesia Tsurenko (Ukraine)

3-Alexander Zverev (Germany) v Daniel Altmaier (Germany)

MARGARET COURT ARENA

Fiona Ferro (France) v 15-Elina Svitolina (Ukraine)

Brandon Nakashima (U.S.) v 7-Matteo Berrettini (Italy)

Wang Qiang (China) v 18-Coco Gauff (U.S.)

From 0800 GMT

Feliciano Lopez (Spain) v John Millman (Australia)

Ajla Tomljanovic (Australia) v 8-Paula Badosa (Spain)

JOHN CAIN ARENA

Laslo Djere (Serbia) v 14-Denis Shapovalov (Canada)

10-Hubert Hurkacz (Poland) v Egor Gerasimov (Belarus)

Not before 0600 GMT

11-Sofia Kenin (U.S.) v Madison Keys (U.S.)

Jaume Munar (Spain) v 18-Aslan Karatsev (Russia)

Novak Djokovic was ‘ready to stay at home’ without vaccine exemption

08:37 , Jack Rathborn

Vasek Pospisil has shed light on Novak Djokovic’s thinking heading into the Australian Open. After setting up the PTPA with Djokovic and sharing time with him in Belgrade, he believes the Serbian was « ready to stay home » without the vaccine exemption.

The Canadian player said: “Novak would never have gone to Australia if he had not been given an exemption to enter the country by the government (which he did receive; hence Judge Kelly’s initial ruling).

“He would have skipped the Australian Open and been home with his family and no one would be talking about this mess.

“There was a political agenda at play here with the elections coming up which couldn’t be more obvious. This is not his fault. He did not force his way into the country and did not “make his own rules”; he was ready to stay home.”

Alexander Zverev vs Daniel Altmaier replaces Novak Djokovic vs Miomir Kecmanovic on Rod Laver

08:29 , Jack Rathborn

After Novak Djokovic withdrew from the Australian Open, leaving Salvatore Caruso as the surprise 1 seed against Miomir Kecmanovic, the tournament has reshuffled their order of play.

That match has been flexed out, with No 3 seed Alexander Zverev stepping up in his first-round match against compatriot Daniel Altmaier.

Which players stand to benefit from Novak Djokovic deportation?

08:24 , Jack Rathborn

With Novak Djokovic’s deportation confirmed, the draw at the top opens up nicely for everybody else.

While the current favourites Daniil Medvedev and Alexander Zverev will be driven to take this opportunity, the top quarter presents an opportunity to many.

Matteo Berrettini is the top seed in that quarter, while Gael Monfils, Cameron Norrie, Pablo Carreno Busta and Carlos Alcaraz also feature in pursuit of a quarter-final place.

Novak Djokovic’s costly 10 days in Australia

08:16 , Jack Rathborn

Novak Djokovic’s costs have spiralled over the past week over his stance on the Covid vaccine.

Not only has he lost plenty in legal fees of his own, but he is now ordered to pay those of the Australian government.

While he has missed out on a potential windfall of A$4.4m (£2.32m), which goes to the winner at Melbourne Park.

Novak Djokovic to be deported after opting against High Court route

08:05 , Jack Rathborn

Novak Djokovic’s team will not pursue any further appeals in the High Court, according to Paul Sakkal of The Age.

That means he has exhausted his legal possibilities and will now be deported.

Confirmed with Djokovic’s team that he will not be going to the High Court

It means there are no other legal options and he will be deported from Australia @theage https://t.co/MW21A2r9n0

— Paul Sakkal (@paulsakkal) January 16, 2022

Novak Djokovic replaced by Salvatore Caruso in Australian Open first round

08:00 , Jack Rathborn

Novak Djokovic will be replaced by Salvatore Caruso in the Australian Open first round.

The Italian, a lucky loser, will face Miomir Kecmanovic tomorrow.

The game will likely shift away from Rod Laver Arena.

Nick Kyrgios reacts to Novak Djokovic ruling

07:54 , Jack Rathborn

🤦🏽‍♂️

— Nicholas Kyrgios (@NickKyrgios) January 16, 2022

Novak Djokovic seen leaving Park Hotel detention

07:52 , Jack Rathborn

© Provided by The Independent
(EPA)

Djokovic congratulates Kokkinakis

07:50 , Jack Rathborn

Thanasi Kokkinakis won a first ATP Tour title over the weekend and Novak Djokovic took time out from his visa drama to congratulate him.

The Australian defeated Frenchman Arthur Rinderknech in three sets to win the Adelaide International Two crown.

“Congrats on your maiden title in home town, Thanasi. After all the hardship injuries have caused you, I am sure this feels even sweeter.

“You deserve it! Great for tennis. Good luck in Melbourne.”

Novak Djokovic’s grounds for exemption to three-year ban from Australia

07:45 , Jack Rathborn

Novak Djokovic will not only face deportation after losing his appeal over his Australian visa, but it does mean he faces a three-year ban from the country.

An exception to the ban can come under “compelling circumstances”, but only if granting his visa is in the interests of an Australian citizen.

Chief Justice of the Federal Court of Australia clarifies function of court over Novak Djokovic appeal

07:42 , Jack Rathborn

Chief Justice of the Federal Court of Australia, James Alsopp, has clarified decision over Novak Djokovic appeal.

He maintains that it is not the court’s role to judge the merit of the government’s decision to cancel the Serbian’s visa. The decision came down to the legality of the decision on the three grounds put forward by Djokovic’s lawyers.

He said: “Given … the interest and coverage in different parts of the world including Mr Djokovic’s home country of Serbia, the court considers it appropriate to make clear a number of matters about the process that has taken place.

“It is not part of the function of the court to decide upon the merits or the wisdom of the decision [by Mr Hawke].”

He added: “The orders of the court are … the amended application be dismissed with costs.”

Novak Djokovic confirms Australian Open withdrawal after losing appeal over Australian visa

07:35 , Jack Rathborn

A statement from the Serbian read: “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.”

Piers Morgan celebrates as ‘cheat’ and ‘liar’ Novak Djokovic loses appeal

07:33 , Jack Rathborn

Piers Morgan has branded Novak Djokovic a “cheat” and a “liar” while celebrating his defeat over an appeal against cancelling his Australian visa.

The Serbian now faces deportation from Australia with his hopes of defending his Australian Open title now in tatters.

The 34-year-old was due to play his first-round match on Monday evening, but will now remain in detention ahead of deportation.

And Morgan was quick to relish the decision by the Federal Court, with Chief Justice Allsop confirming the decision was reached “unanimously”.

Piers Morgan celebrates as ‘cheat’ and ‘liar’ Novak Djokovic loses appeal

Novak Djokovic to be deported from Australia after judges uphold decision to cancel visa

07:24 , Jack Rathborn

Novak Djokovic’s hopes of defending his Australian Open title are over after a court in Australia upheld the decision to cancel his visa.

The men’s world number one had been waiting since Monday when the original decision to cancel his visa to enter the country was quashed. Immigration minister Alex Hawke on Friday exercised his personal powers to cancel it for a second time “on health and good order grounds” before a Federal Court hearing on Sunday decided his fate.

Chief Justice Allsop spoke to initially confirm the unusual decision had been take to allow court proceedings to be recorded. He then revealed a “unanimous decision” had been reached. “The orders of the court are, one: the amended application to be dismissed,” Judge Allsop said. “Two: reasons to be published at a later date.”

Novak Djokovic to be deported from Australia after court uphold visa cancellation

Novak Djokovic case: What next for tennis star and his team?

07:12 , Jack Rathborn

If Djokovic pursues a High Court special leave application (or hearing), it will still likely ultimately see him removed from the Australian Open 2022 draw.

There is likely not enough time for it to be heard before his scheduled first-round Djokovic tomorrow.

Djokovic and his lawyers will now meet to consider their next move and any further action they wish to take.

They will return in half an hour to confirm their intention, though there was not an immediate vow to continue fighting deportation.

Djokovic will be ordered to pay legal costs to the government too.

07:09 , Jack Rathborn

Chief Justice Allsop spoke to initially confirm the unusual decision had been take to allow court proceedings to be recorded. He then revealed a “unanimous decision” had been reached.

“The orders of the court are, one: the amended application to be dismissed,” Judge Allsop said. “Two: reasons to be published at a later date.”

07:03 , Jack Rathborn

There will be a new Australian Open men’s champion as Djokovic will now be unable to defend his title due to facing deportation.

That means Miomir Kecmanovic will instead face a ‘lucky loser’ in the first round tomorrow evening.

We do not know which player that will be at this stage.

That match will be at around 10am GMT tomorrow following home favourite Ash Barty in the Rod Laver Arena in the evening session, though it could now be moved to another court given Djokovic will not be involved anymore.

Djokovic waits on visa verdict

07:00 , Ben Burrows

Djokovic was freed from detention six days ago after an initial decision to cancel his visa his last week was quashed, but Hawke used his personal power to reimpose the sanction.

The nine-time Australian Open champion immediately mounted another legal challenge and the parties were back in court on Sunday morning.

Hawke’s decision on Friday was unexpectedly based not on the validity or otherwise of Djokovic’s exemption from Covid-19 vaccination but on the notion his presence in the country could stoke anti-vaccination sentiment, making him a danger to public health, as well as civil unrest.

To succeed in an appeal, Djokovic’s legal team had to prove that Hawke had either acted outside his powers or that his decision was irrational.

BREAKING Novak Djokovic loses appeal in Federal Court Case

06:50 , Jack Rathborn

Novak Djokovic has lost his Federal Court Case. The decision was unanimous.

The Serbian will now face deportation and be required to leave Australia.

Djokovic will receive the written reasons for the decision in the coming days.

06:49 , Jack Rathborn

We’re waiting on the decision potentially in the next few minutes…

Either the decision of the minister is upheld and Djokovic is able to be deported or the decision of the minister is quashed and Djokovic will be released.

Djokovic’s lawyers make case demands

06:48 , Jack Rathborn

Novak Djokovic’s lawyers have announced that should they be successful with their appeal, they want the order to resemble Judge Kelly’s in the Federal Circuit Court.

That is to say that Djokovic would be released within 30 minutes. They also want costs.

Djokovic’s wait goes on

06:45 , Jack Rathborn

For those just joining us, Novak Djokovic’s wait to learn his Australian Open fate goes on after three judges retired to consider their verdict in his appeal against the cancellation of his visa at the Federal Circuit and Family Court of Australia.

Lawyers for the world number one and immigration minister Alex Hawke put their cases before the judicial triumvirate following Hawke’s decision on Friday to re-cancel Djokovic’s visa.

As more than 80,000 people watched on YouTube, Chief Justice James Allsop told the court he expected to be in a position to announce a decision by late afternoon or early evening, but the case could yet drag on into Monday morning.

Djokovic, who spent another night at the Park detention hotel on Saturday, is due to face compatriot Miomir Kecmanovic in the first round at Melbourne Park on Monday.

A ‘terrible precedent’ if Novak Djokovic deported over perceived risk

06:35 , Jack Rathborn

It would be a “terrible precedent” if Novak Djokovic is deported over a perceived Covid risk, according to Mike Stanton, the president of human rights group Liberty Victoria.

He said: “Deportation of a person because of a purported risk as to how others might perceive them and then act sets a terrible precedent.

“It can and will be used in the future to justify the suppression of legitimate political expression because others might engage in unrest.”

Federal Court of Australia to deliver its orders on Novak Djokovic vs the Immigration Minister at 6:45am GMT

06:34 , Jack Rathborn

The Federal Court of Australia has announced that it will resume the Novak Djokovic case at 5.45pm AEDT tonight (6:45am GMT).

A statement from the Federal Court of Australia read: “In view of the public interest media are also permitted to carry the broadcast live and to record for the purposes of fair and accurate reporting.”

Djokovic’s Australian Open plans confirmed

06:20 , Ben Burrows

Novak Djokovic will open up his Australian Open against Miomir Kecmanovic tomorrow evening – if he’s allowed to stay in the country.

News of who will play when on the opening day of the tournament had been conspicuous by its absence as the tennis world – and the rest of the world for that matter – waited to learn Djokovic’s fate before organisers finally confirmed the schedule on Sunday afternoon.

Should he win the verdict in court he will be on court last tomorrow (around 10am GMT), following home favourite Ash Barty in the Rod Laver Arena in the evening session.

Djokovic thanks Kyrgios for support

06:00 , Ben Burrows

Nick Kyrgios has revealed that Novak Djokovic has thanked him for his support during his visa controversy.

Three Federal Court judges will decide Djokovic’s fate after a rollercoaster 10 days that saw him detained by authorities, released and then detained again ahead of the Australian Open, which starts on Monday.

« Novak has reached out to me personally on IG (Instagram) saying, ‘Thank you for standing up for me’, » Kyrgios said on his ‘No Boundaries Podcast’.

« I was not the one he was expecting to go out in the media and have his back. »

Djokovic saga ‘an embarrassing soap opera’ for Australia

05:40 , Ben Burrows

This whole saga has become very political both in Australia and further afield.

The verdict from today’s hearing is keenly anticipated with criticism of the government’s handling of the Djokovic case mounting.

Shadow health minister Mark Butler has called the situation « an embarrassing soap opera of Scott Morrison’s making ».

« If Mr DjokoviÄ did not satisfy the entry test to come into Australia, he should not have been granted a visa way back in November,” he told reporters earlier today.

« Frankly, at a time when we are dealing with tens of thousands of cases every day, dozens of deaths, we don’t need a government spending time, energy and money dealing with this soap opera day, upon day, upon day.

« I think Australians want this soap opera brought to an end one way or the other and for the government to get on with its job of protecting Australians in this disastrous fourth wave. »

Court considers verdict over Djokovic visa

05:20 , Ben Burrows

Djokovic, who spent Saturday night in the Park detention hotel, is due to play Miomir Kecmanovic in the first round of the Australian Open on Monday.

The hearing was adjourned just after 2.30pm local time for the three judges to consider their verdict, with Chief Justice James Allsop saying he expected to announce the outcome later on Sunday but that it could be Monday morning.

Djokovic could’ve had negative effect on public health

05:00 , Ben Burrows

Following a break for lunch, Lloyd moved on to the central issue of whether Djokovic’s presence in Australia may have negative consequences for public health.

He referenced Serbia’s low vaccination rate and criticism from a Serbian scientist in 2020 that Djokovic’s views could influence his compatriots.

« Rightly or wrongly he is perceived to endorse an anti-vaccination view and his presence here is perceived to contribute to that, » said Lloyd.

« People of Djokovic’s status can influence people who look up to him. That seems to be uncontroversial. »

He concluded: « We would say each of the grounds should be dismissed and there should be an order that the applicant pay the minister’s costs. »

Djokovic ‘an anti-vaccine hero’, court hears

04:45 , Ben Burrows

On the issue of whether Djokovic’s presence would stoke anti-vaccination sentiment, Lloyd made reference to such groups “treating the applicant as a hero”.

Lloyd said: “He’s a high profile person who is in many respects a role model for many people. His presence in Australia would present more strongly to Australians his anti-vaccination views.

“People use high-level athletes to promote ideas and causes all the time. His connection to a cause, whether he wants it or not, is still present.”

Lloyd then spent a considerable amount of time countering the argument of Wood that Hawke had not considered the prospect that deportation could also stoke anti-vaccination sentiment and risk public order.

“The minister was aware his decision to cancel would result in some level of further unrest but the minister was principally concerned that Mr Djokovic’s presence would encourage people to emulate his position and that would put the health of Australians at risk,” said Lloyd.

Australian Open order of play set to be confirmed

04:35 , Ben Burrows

The order of play for the opening day of the Australian Open will be announced shortly, organisers have confirmed.

News of who will play when has been conspicuous by its absence as the tennis world – and the rest of the world for that matter – waits to learn Djokovic’s fate.

But the first day schedule will be published at 4pm Australian time (5am UK).

Monday’s order of play will be released at 4pm.#AusOpen

— #AusOpen (@AustralianOpen) January 16, 2022

Minister defends conclusions on Djokovic’s vaccine status

04:25 , Ben Burrows

In response, Stephen Lloyd, representing Hawke, argued that the minister’s conclusions regarding Djokovic’s attitude to vaccination were reasonable.

“His ongoing non-vaccination status is open to infer that a person in the applicant’s position could have vaccinated if he wanted to be,” Lloyd told the court. “That he’s still unvaccinated represents a choice on his part.

“Even before vaccines were available he was against it – his prima facie position was to be against them.

“As far as we’re aware that position hasn’t been updated. The fact that he might change his mind one day doesn’t make the minister’s inference about his views on vaccines not open.”

Djokovic’s presence wouldn’t stoke anti-vaccine sentiment

04:15 , Ben Burrows

There is no evidence Novak Djokovic’s continued presence in Australia would stoke anti-vaccination statement, the Federal Court of Australia heard on Sunday.

The world number one’s lawyer Nick Wood presented his case to the trio of judges who will decide whether to quash the decision of Immigration Minister Alex Hawke to re-cancel Djokovic’s visa on the grounds of “health and good order”.

Hawke based his decision on the view that Djokovic’s stance on vaccination could pose a threat to public health in the country if he stays in Melbourne and plays in the Australian Open.

Wood said: “Not a single line of evidence in the material provided any specific or logical foundation whatsoever that the mere presence of Mr Djokovic in Australia in itself may somehow foster anti-vaccination sentiment.

“Is it conceivable that such a consequence might flow from Mr Djokovic’s presence in Australia? That’s not the point. One is looking for historic, past antecedent or evidence on which reasonable conjecture can be made.”

Australian Open order of play yet to be decided

04:05 , Ben Burrows

A reminder that the 2022 Australian Open begins on Monday which is only a few short hours away now Down Under.

Djokovic, of course, is defending champion but whether he will get to defend his 2021 title remains to be seen.

And that is having an impact on the entire field with the order of play for day one in Melbourne seemingly hanging on the decision made in this hearing.

The Djokovic hearing continues and 127 other tennis players would like to know at what time they are playing tomorrow at the Australian Open

How long can they be kept waiting? pic.twitter.com/iMh6kezA6D

— Christopher Clarey 🇺🇸 🇫🇷 🇪🇸 (@christophclarey) January 16, 2022

Djokovic out of detention for court hearing

03:50 , Ben Burrows

A reminder that Djokovic spent Saturday night detained back in an immigration hotel but was allowed out to follow this hearing with his lawyers.

Television footage showed the 34-year-old Serb wearing a face mask as he left the hotel in a vehicle earlier.

He was permitted to leave hotel detention to spend Sunday in his lawyers’ offices, under the guard of two immigration officials, while the challenge is heard via a video hearing.

Djokovic spent four nights confined to an immigration hotel near downtown Melbourne before being released last Monday when he won a court challenge on procedural grounds against his first visa cancellation.

Immigration minister Alex Hawke on Friday blocked the visa, which was originally revoked when he landed at a Melbourne airport on 5 January.

Deportation from Australia can lead to a three-year ban on returning to the country, although that may be waived, depending on the circumstances.

Court adjourns to consider verdict

03:43 , Ben Burrows

The court has adjourned to consider their verdict.

Judge Allsop in summing up indicates they hope there will be an announcement this afternoon if not later this evening Australian time.

« What we would hope to do is to spend the afternoon hopefully, and perhaps the early evening, dealing with the arguments that have been put to the court, not with a view to delivering full reasons today, but with a view if possible as to reach a view as to the outcome of the matter and on one hypothesis, if it be relevant, Mr Lloyd, the individual basis for it.

« We would hope to do that later in the afternoon. So in a sense we’re not asking counsel and solicitors to stand down in their present positions as it were.

« But we would hope to be in a position to indicate to the parties later in the afternoon what we propose to do. »

For reference, it is currently 2.42pm in Melbourne.

Djokovic hoping to be released within 30 minutes

03:32 , Ben Burrows

Should Djokovic win the verdict here, his team have confirmed that they would look for him to be released within 30 minutes of that verdict being made.

On Monday, Judge Kelly made a similar ruling when quashing the original visa verdict.

State concludes their submissions

03:25 , Ben Burrows

Stephen Lloyd has now concluded his oral submissions on behalf of the state.

Nicholas Wood, representing Djokovic, is now permitted a chance to reply to specific state arguments.

Djokovic’s influence used as evidence

03:22 , Ben Burrows

Judge Allsop has again interjected to offer what appears to be another positive for the Australian state case.

To back up the assertion that Djokovic is an individual with great influence over a great number of people, the judge points to the impact of him winning tennis tournaments.

“If Mr Djokovic won the Open – there’s an example, embedded in the minister’s reasons, for young and not so young fans of tennis,” he says.

The state is arguing that allowing Djokovic to stay in Australia would embolden anti-vaccine sentiments in the country.

State points to Serbian vaccination rates

03:18 , Ben Burrows

In support of their argument that Djokovic is a high profile and influential figure, Lloyd is pointing to vaccination rates in Serbia.

He says that an example of just how much influence Djokovic commands « must be highest of all in Serbia »

It is reported that around 59% of the population in Djokovic’s home country is vaccinated against Covid-19.

Travel declaration form not part of state’s case against Djokovic

03:10 , Ben Burrows

Interestingly, the state is not using Djokovic’s much-debated travel declaration form as part of its case here.

It came to light last week that Djokovic had falsely claimed that he had not travelled anywhere prior to his arrival in Australia, despite evidence coming to light that he had been in Spain.

However, it has been confirmed that the immigration minister has accepted Djokovic’s explanation for the mistake.

Djokovic later clarified that his agent had filled out the form on his behalf and hadn’t checked Djokovic’s most recent travel movements with him.

Australian Open will be great ‘with or without’ Djokovic

02:55 , Ben Burrows

The Australian Open is more important than a single player and will be a great tournament “with or without” Novak Djokovic, according to Rafael Nadal.

The Spaniard has made it clear on a number of occasions that he disagrees with Djokovic’s resistance to Covid-19 vaccination and the degree to which his ongoing visa battle has overshadowed the tournament is clearly a frustration to many.

Speaking at his pre-tournament press conference, Nadal said: “It’s very clear that Novak Djokovic is one of the best players of the history, without a doubt. But there is no one player in history that’s more important than an event.

“Australian Open is much more important than any player. If he’s playing finally, OK. If he’s not playing, Australian Open will be a great Australian Open with or without him.”

State argues they considered impact of Djokovic deportation

02:49 , Ben Burrows

As before, the consequences of what would happen when Djokovic is or isn’t deported from the country are the subject of intense discussion.

It was earlier argued by Djokovic’s representatives that immigration minister Alex Hawke only considered the impact of allowing the Serbian to stay in the country and not the consequences of what would happen if he is deported.

Again Lloyd contends that any potential unrest in that event “must have been part of consideration of balance” that Hawke took into account.

Court hearing resumes

02:43 , Ben Burrows

The hearing has now resumed after the break for lunch.

Stephen Lloyd, representing immigration minister Alex Hawke at this hearing, has returned to his counter arguments to back up the state’s case that Djokovic should be deported from Australia.

In terms of the process that will be followed he will complete his oral submissions before the judges will retire to consider their verdict.

State counters Djokovic’s argument

02:36 , Ben Burrows

Earlier, on the issue of whether Djokovic’s presence would stoke anti-vaccination sentiment, Lloyd made reference to such groups “treating the applicant as a hero”.

Lloyd said: “He’s a high profile person who is in many respects a role model for many people. His presence in Australia would present more strongly to Australians his anti-vaccination views.

“People use high-level athletes to promote ideas and causes all the time. His connection to a cause, whether he wants it or not, is still present.”

Court hearing set to resume

02:28 , Ben Burrows

The court hearing is set to resume shortly after a short break for lunch.

Novak Djokovic’s legal team have made their oral submissions to back up their argument that the world number one’s visa to enter Australia should be reinstated.

The Australian Open, where the Serbian is a nine-time winner and is defending champion, begins on Monday.

Stephen Lloyd, representing immigration minister Alex Hawke at this hearing, has begun his counter arguments to back up the state’s case that Djokovic should be deported and is set to pick up where he left off shortly.

Djokovic’s legal team make their case against visa cancellation

02:13 , Ben Burrows

For those just joining us, Novak Djokovic is set to learn whether he will be granted a visa to play at the Australian Open or will instead be deported from the country at a Federal Court hearing this morning.

The world number one’s lawyer Nick Wood earlier today presented his case to the trio of judges who will decide whether to quash the decision of Immigration Minister Alex Hawke to re-cancel Djokovic’s visa on the grounds of “health and good order”.

Hawke based his decision on the view that Djokovic’s stance on vaccination could pose a threat to public health in the country if he stays in Melbourne and plays in the tournament.

Murray ‘won’t kick Djokovic when he’s down’

01:55 , Ben Burrows

Andy Murray refused to double down on the criticism of Novak Djokovic as the saga around his visa continues.

“It’s not a good situation. I’m not going to sit here and start kicking Novak whilst he’s down,” Murray said on Friday. “I mean, I said it the other day, it’s not a good situation for anyone.

“It’s unfortunate that it’s ended up in this sort of situation, and who knows? I don’t know what the process is from now. I don’t know what route he goes down, if he can appeal that and how long that takes, and can he still be out practising whilst that process is going on or still competing in the tournament?

“I just want it obviously to get resolved. I think it could be good for everyone if that was the case. It just seems like it’s dragged on for quite a long time now and it’s not great for tennis, not great for the Australian Open, not great for Novak. Obviously a lot of people have criticised the government here, as well. It’s not been good.”

Visa decision would cause ‘some level of unrest’

01:41 , Ben Burrows

Lloyd said that immigration minister Alex Hawke was very aware his decision to rescind Djokovic’s visa for a second time could result in « some level of unrest » in the country.

However, despite that he also claims that it was his « primary concern that Djokovic’s presence would encourage people to emulate his position and that would put the health of Australians at risk. »

« His connection to a cause – whether he wants it or not – is still present,” he said.

Djokovic’s lawyers earlier argued that there wasn’t sufficient evidence to back this assertion up.

Court hearing adjourns for lunch

01:31 , Ben Burrows

The court has adjourned for a short break for lunch.

Mr Lloyd, speaking here on behalf of the state, concludes before the break by revealing that he has about another hour of submissions to make.

That, along with the current break, should mean we get a verdict one way or another in the next few hours.

State continues case for Djokovic’s deportation

01:28 , Ben Burrows

The consequences of whether to deport Djokovic or not is going to be key to the outcome here.

Djokovic’s lawyers earlier claimed that immigration minister Alex Hawke didn’t consider the impact of deporting their client, only the consequences of allowing him to stay.

Stephen Lloyd, speaking here on behalf of Mr Hawke, essentially counters by claiming that it is impossible to know what Mr Hawke did and didn’t consider and that he isn’t required to make explicitly state all of the reasons he used to come to his decision.

Minister had required evidence to make visa decision

01:22 , Ben Burrows

The state has countered the earlier claims that the immigration minister didn’t consider all of the evidence when making his decision to cancel Djokovic’s visa.

Mr Hawke “had material that was before him, that was relevant, that was taken into account”, his legal representative present for this hearing says.

Djokovic’s vaccine status key

01:16 , Ben Burrows

The state are pointing to the fact that Djokovic could have been vaccinated if he’d chosen to be so.

They claim they don’t need to rely on Djokovic publicly stating that he was or wasn’t.

« It is open to infer that a person in the applicant’s position could have been vaccinated if he had wanted to be, » they say.

They point to the fact that Djokovic was openly against vaccines, even before the Covid pandemic.

The consequences of Djokovic decision

01:10 , Ben Burrows

The differing consequences of allowing Djokovic to stay as opposed to those that would come about should he be deported are under discussion.

One of the judges suggests that rescinding Djokovic’s visa could cause « overwhelming public discord and risks of transmission through very large public gatherings ».

The state’s lawyer counters by claiming that allowing « a high profile person who is in many respects a role model » to stay under the current circumstances posed a bigger risk.

He also states that Alex Hawke was « obviously » aware of the reaction that his decision could cause.

State able to rely on common sense

01:05 , Ben Burrows

Lloyd, acting on behalf of immigration minister Alex Hawke, has pointed to a recent interjection from one of the judges which stated that the minister is entitled to use common sense when making his decision to rescind a visa and isn’t required to solely rely upon material evidence.

This in theory is a big positive for the state’s case against Djokovic here.

“We certainly embrace the view that it is not limited to evidence before a court, administrative decision-makers usually inform themselves by a much broader range of materials,” he says.

Djokovic a low risk of transmission

00:55 , Ben Burrows

Djokovic’s legal team also claimed that their client poses a very low risk of transmission of the disease should he be allowed to enter the country officially.

They said his recent infection and the additional safety protocols around the Australian Open itself make it very unlikely he could be a problem from a public health point of view.

The Serbian tested positive for the virus back in December.

Djokovic being treated like a ‘weapon of mass destruction’

00:45 , Ben Burrows

One person who is definitely in Djokovic’s corner is Nick Kyrgios.

The Australian tennis player hasn’t always seen eye to eye with the Serbian but has been heavily critical of his treatment by his country this week.

“We’re treating him like he’s a weapon of mass destruction at the moment,” he said.

“The mistreating of the people of Melbourne over the past two years has been atrocious, and I understand the anger towards him being unvaccinated and the medical exemption, I understand that.

“Now I feel like the people, no matter what Novak does, they’re just going to say ‘get him out of our country’.”

State begin their arguments

00:36 , Ben Burrows

Djokovic’s legal team, led by Nicholas Wood, have concluded their submissions.

Stephen Lloyd, acting on behalf of immigration minister Alex Hawke and with him the state, has now begun his submission.

Djokovic not an anti-vaccine hero

00:35 , Ben Burrows

Djokovic’s legal team have contended the assertion that their client has become a kind of hero for the anti-vaccine movement in the country.

The claim is part of the government’s reasoning for rescinding the Serbian’s visa for a second time.

They say that if that were the case then there would have been protests and rallies to that end, something they say has not been the case.

“If there was any foundation for thinking his presence and participation at a tournament would lead to this anti-vax feeling, one would expect to see it supported by something (like protests or rallies)” they say.

Why does Djokovic oppose the vaccine?

00:25 , Ben Burrows

This whole saga wouldn’t have happened if Djokovic had been vaccinated against Covid-19.

So why isn’t he?

Djokovic confirmed he isn’t vaccinated in an interview with Border Force officials when he arrived in Australia 10 days ago, but he hasn’t extensively discussed why he doesn’t want to have it.

However, he does have his reasons.

Novak Djokovic’s controversial beliefs and why he is opposed to the vaccine

State did not consider ‘binary alternative’

00:19 , Ben Burrows

Djokovic’s lawyers have continued to hammer home their argument against the decision to rescind their client’s visa for a second time.

They say that while the state pointed to what would happen in the country if they allowed Djokovic to stay and play they did not consider the « binary alternative » and the consequences of deporting the Serbian.

« It is somewhat perverse to adopt such a narrow focal point or lens on the 133(c)(a) question and to blinker oneself only to risks related to presence, when there is evidence before you of the risks related to the binary alternative », they say.

Djokovic’s legal team argue their case

00:13 , Ben Burrows

Djokovic lawyers claim that the state has provided no evidence to back up their claim that granting Djokovic a visa would hamper the rollout of the vaccine in the country or that it has seen a rise in the anti-vaccine movement.

“There is no logical connection there whatsoever,” they say. “The anti-vax protests have been directed to action by the state.”

Hundreds gather to support Djokovic

00:07 , Ben Burrows

Hundreds of activists held a peaceful rally outside the Melbourne Park complex that hosts the Australian Open, and planned another for Monday.

“We’re at Rod Laver Arena to support Novak. He’s won nine (Australian Open) titles here. Hopefully this will be No. 10 – if he can get out of quarantine and get his visa back,” Harrison McLean, one of the rally organizers, said.

“We’re a peaceful movement, here to raise awareness and support everyone’s freedom of choice.”

Fans flock to watch hearing live stream

00:02 , Ben Burrows

More than 85,000 people are currently tuned into the live stream of the hearing.

Who knew that immigration legal proceedings had so many devoted fans?

Nothing to do with the most famous tennis player in the world being involved, obviously…

How do you overturn the decision?

Saturday 15 January 2022 23:50 , Ben Burrows

Because the minister’s power is so broad and discretionary, grounds for appeal are potentially fewer than they are for a decision of a public servant acting on a minister’s authority. But courts have overturned ministers’ decisions in the past.

The immigration minister’s powers are among the broadest provided under Australian law, said Greg Barns, a lawyer experienced in visa cases.

“One of the criticisms of this particular power is that it is so broad and it’s effectively allowing the minister to play God with someone’s life,” Barns said.

“It’s inevitable that political considerations would form part of the decision because that concept of public interest is so broad that it allows a minister to effectively take into account political considerations, even though theoretically that ought not be done,” Barnes added.

Political considerations are heightened for Prime Minister Scott Morrison’s conservative coalition with an election due by May at the latest.

Although Australia has one of the highest rates of Covid-19 vaccination in the world, the government is concerned by Djokovic’s popularity among those who are opposed to vaccine mandates or skeptical of the vaccines’ efficacy.

Djokovic’s lawyers don’t accept that those sentiments are a legitimate reason to deny the sporting star an attempt at a record 21 Grand Slam titles.

Djokovic’s vaccine views under the microscope

Saturday 15 January 2022 23:40 , Ben Burrows

The court has heard that the immigration minister did not seek any further information on Djokovic’s vaccine views.

A BBC article was cited by the minister as evidence of the world number one’s stance on the vaccine.

But Djokovic’s legal team claim that excerpts of the article including that he was “no expert”, wanted to “keep an open mind” and “wanted to choose an option that is best for my body” are not anti-vaccine as such and shouldn’t have been taken as so.

The article in question was published after the original decision and Djokovic’s lawyers claim it was the actions of the state, rather than their client, that caused any rise in anti-vaccine sentiment in the country.

“The only evidence is anti-vax group anger and agitation in response to action by the state to cancel him and thereby to set in train a course of events that would… have led to his expulsion and statutory consequences impairing his capacity to come back to this country.”

Defence for Djokovic from Zverev

Saturday 15 January 2022 23:30 , Ben Burrows

Alexander Zverev made a spirited defence of embattled world number one Novak Djokovic on Saturday, saying his legacy will not be tarnished by the visa saga which has rocked the tennis world ahead of the Australian Open.

Djokovic’s determination to play in the tournament without vaccination angered the Australian public and drew criticism from fellow players but third seed Zverev said he was still a towering figure in the sport.

“I don’t know what the perception around the fans is,” he told reporters. “I know that in the sport he’s still seen one of the greatest players because his achievements are not taken away.

“He still won 20 Grand Slams. He still has the most weeks as world number one. He still has the most Masters Series (titles). Still for me, one of the greatest players of all time.

“This is obviously not a nice thing for everyone, for him especially. But don’t question his legacy because of this.”

Djokovic out of detention for hearing

Saturday 15 January 2022 23:20 , Ben Burrows

Djokovic spent Saturday night detained back in an immigration hotel after his lawyers had a morning meeting with immigration officials.

Television footage showed the 34-year-old Serb wearing a face mask as he sat in a vehicle near the hotel.

He is permitted to leave hotel detention to spend Sunday in his lawyers’ offices, under the guard of two immigration officials, while the challenge is heard via a video hearing.

Immigration minister Alex Hawke on Friday blocked the visa, which was originally revoked when he landed at a Melbourne airport on 5 January.

Deportation from Australia can lead to a three-year ban on returning to the country, although that may be waived, depending on the circumstances.

How did Australian immigration minister exercise his power

Saturday 15 January 2022 23:11 , Ben Burrows

In Djokovic’ s case, Australian government lawyers warned him that the minister was planning to intervene on Monday when a judge reinstated his visa. The star athlete’s high profile might have encouraged the government to appear even handed.

Djokovic’s lawyers provided evidence for why he was entitled to keep his visa and be allowed to defend his Australian Open title in the days before the minister acted.

While Hawke has sweeping discretion to define public interest in canceling a visa, he must also be thoughtful and detailed in his reasoning.

“These decisions aren’t straightforward. There is case law which compels a minister when exercising this power personally to have active intellectual engagement with the materials and with the decision,” immigration lawyer Kian Bone said.

“It’s not something that he (Hawke) can have a one-liner saying: ‘Dear Mr. Djokovic, your visa is canceled.’ He can’t have a bureaucrat or a staffer write a decision for him, look at it for two minutes and sign off on it,” Bone added.

Quick decision needed on Djokovic visa

Saturday 15 January 2022 23:03 , Ben Burrows

The need for a quick decision – either way – isn’t lost on the judges presiding over this hearing.

“Unless the court… finalised the matter by today or tomorrow, any right of appeal of Djokovic if he lost would or may be at least in part be made [useless] because of proximity of the commencement of the event being the purpose of his visit,” one says.

The Australian Open, where Djokovic is slated to play Miomir Kecmanovic in the first round, begins on Monday.

Tennis players tired of Djokovic saga

Saturday 15 January 2022 22:55 , Ben Burrows

Australian Open players are tired of the Novak Djokovic saga overshadowing the year’s first Grand Slam and want the spotlight back on the tennis, Australian number one Alex de Minaur said on Saturday.

The leadup has been completely dominated by world number one Djokovic’s battle to compete in the tournament in the face of a government trying to deport him after cancelling his visa twice.

“I think first of all, this whole situation has taken a lot of spotlight away from us competitors,” the 32nd seed told reporters at Melbourne Park.

“We’re here to play the Australian Open. We’re here on our own terms ready to compete, hopefully have a very good couple weeks.

“It feels like it’s taking away from us competitors who just want to start. We’re just eager to go out and compete. The Australian Open is always an incredible event, my home Slam, my favourite tournament.

“To be honest, I’m just ready to put all of this behind me and focus on playing my tennis matches, kind of let my tennis do the talking.”

Why Australia cancelled Djokovic’s visa for a second time

Saturday 15 January 2022 22:45 , Ben Burrows

Hawke has a “personal power” to cancel Djokovic’s visa under Section 133C of the Migration Act 1958.

Hawke needed to be satisfied that Djokovic’s presence in Australia “maybe, or would or might be, a risk to the health, safety or good order of the Australian community.”

The minister also needed to be satisfied that ordering Djokovic’s deportation would be in the ”public interest,” a term which has no legal definition.

Unlike the decision of a government underling, the “rules of natural justice do not apply” to a minister’s decision. That means the minister did not have to tell Djokovic he was planning to deport him.

Hawke could have canceled Djokovic’s visa in secret and then notified the Serbian tennis star days later that he had to go. Had the Australian Border Force come to detain Djokovic, they would legally have had to reveal only then that he had no visa.

Under Section 133F of the Act, Djokovic could have then requested the minister reverse his decision, but the only realistic option would have been to appeal it in court.

Who is who in the courtroom

Saturday 15 January 2022 22:39 , Ben Burrows

As a reminder for those who weren’t with us on Monday morning, these are the key players.

Nick Wood SC and Paul Holdenson QC are again representing Djokovic.

Stephen Lloyd SC and Christopher Tran are representing immigration minister Alex Hawke.

The judges presiding over the hearing are Chief Justice James Allsop, Justice Anthony Besanko and Justice David O’Callaghan.

Djokovic visa hearing underway

Saturday 15 January 2022 22:35 , Ben Burrows

Hawke’s decision to rescind Djokovic’s visa for a second time was essentially based on the fact that, in his opinion, to grant him access to the country would encourage anti-vaccine sentiments.

Djokovic’s legal team will argue that Hawke’s decision failed to consider the consequences of cancellation and that Djokovic’s presence in Australia isn’t in fact a risk.

They will also contend the assertion that Djokovic is an anti-vaxxer.

The hearing is underway.

Djokovic visa decision likely to be final

Saturday 15 January 2022 22:30 , Ben Burrows

The hearing is set to take place before three judges.

Chief Justice James Allsop, Justice Anthony Besanko and Justice David O’Callaghan will be in place at the Federal Court.

That there are three judges for the hearing means the decision made is likely to be final.

Djokovic pictured ahead of key hearing

Saturday 15 January 2022 22:28 , Ben Burrows

Djokovic has been pictured ahead of this key hearing.

Whether he is able to defend his Australian Open title will be decided tonight – at least in theory.

As ever with this story, anything really could happen.

Djokovic waits on visa decision

Saturday 15 January 2022 22:25 , Ben Burrows

The decision means Djokovic also faces a three-year 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 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 Anthony Kelly ruled in favour of Djokovic on Monday.

Djokovic headed straight to Melbourne Park after being freed and had practised every day since, including early on Friday morning, but his hopes of staying in the country appeared to fade as the week went on following revelations about his behaviour following his positive test.

He also admitted his declaration form falsely claimed he had not travelled in the 14 days prior to his trip to Australia, which he attributed to a mistake from his agent.

There has been strong criticism of the way the Australian Government has handled the situation but public opinion has been firmly in favour of Djokovic being sent home.

Djokovic waits on visa decision

Saturday 15 January 2022 22:18 , Ben Burrows

Hawke gave significant weight to Djokovic’s admission that he attended an interview with L’Equipe last month despite knowing he had tested positive for Covid-19 and argued Australians may follow suit.

“I have also given consideration to the fact that Mr Djokovic has, in the past, shown an apparent disregard for the need to isolate following the receipt of a positive Covid-19 test result,” he said.

Djokovic’s release from detention on Monday resulted in police pepper-spraying his supporters and Hawke cited the possibility of civil unrest, although his lawyers will argue on Sunday that the same could result from his deportation.

Djokovic waits on visa decision

Saturday 15 January 2022 22:14 , Ben Burrows

Djokovic is due to play his first-round match at the Australian Open against fellow Serbian Miomir Kecmanovic on Monday.

A timetable was agreed on Friday, with Djokovic to be detained at 8am on Saturday morning for a meeting with immigration officials before meeting with his lawyers, also under detention.

The world number one is appealing against the decision on the grounds that it was both affected by jurisdictional error and irrational, but the threshold for success is much higher than in the first hearing.

It emerged on Friday that Hawke based his finding not on the validity or otherwise of Djokovic’s medical exemption but on the potential for his continued presence in the country to stoke anti-vaccination sentiments and a threat to public order.

Hawke cited Djokovic’s status as a “high profile unvaccinated individual, who has indicated publicly that he is opposed to becoming vaccinated against Covid-19” and said he had “publicly expressed anti-vaccination sentiment”.

Hawke stated his belief that not cancelling the visa could encourage Australians not to take the vaccine, increasing pressure on the health service.

“I consider that his ongoing presence in Australia may pose a risk to the good order of the Australian community,” he said.

Djokovic set to learn visa fate

Saturday 15 January 2022 22:13 , Ben Burrows

Novak Djokovic is set for his appeal against the re-cancellation of his visa on Sunday morning at the Federal Court of Australia.

After meeting with his lawyers for several hours, Djokovic was driven to the same immigration hotel where he spent four nights last week for what he will hope will be the final night.

The world number one’s legal team have been preparing his case following the decision of Immigration Minister Alex Hawke on Friday to cancel Djokovic’s visa for a second time on the grounds of “health and good order”.

A brief procedural hearing was held on Saturday morning, where Justice David O’Callaghan confirmed the case has been transferred from the Federal Circuit Court and that the main hearing will take place at 9.30am on Sunday (10.30pm on Saturday UK time).

Click here to read the full blog on The Independent’s website

[ad_2]