Novak Djokovic visa call subject to Immigration Minister Andrew Giles’ ministerial discretion

Tennis star Novak Djokovic is sweating on the call of a federal Labor minister in his bid to return to Australia.

Novak Djokovic needs two ticks of approval from Immigration Minister Andrew Giles if he is to play in the upcoming Australian Open.

Tennis Australia has engaged specialist immigration agents for the tournament following this year’s visa scandal, with boss Craig Tiley this week revealing he expects the Serbian tennis star to apply for a visa.

But the Herald Sun understands this will be subject to Mr Giles using his ministerial discretion to lift the bar to allow Djokovic to apply, as well as cancel the three-year ban on re-entering the country.

Djokovic is expected to apply for an Australian visa.

For this to occur, Djokovic or a person permitted to act on his behalf must write to the Department of Home Affairs and put in an application outlining the reasons that lifting the bar should be considered.

The minister will then review the application and consider if it is in the public interest to allow him to apply for a visa. Ministerial discretion will then apply.

Once a visa application is before the department, it will be assessed for its validity to ensure all necessary paperwork has been provided.

The minister or a delegate will then be required to look over the submission to determine, based on the context, if the revocation of the cancellation is in the public interest.

Immigration Minister Andrew Giles. Picture: Gary Ramage

Mr Giles cannot overturn the January decision to cancel the visa, which resulted in Djokovic being controversially deported and unable to compete in the Open.

If given two green lights, the world no. 7 would be able to play in his first grand slam since Wimbledon.

A spokeswoman for Immigration Minister Andrew Giles said the government would not comment on individual cases due to privacy.

Mr Tiley on Wednesday said he had not spoken to any federal ministers about the issue, adding it was between Djokovic and the federal government.

“It’s not a matter we can lobby on, it’s a matter that definitely stays between the two of them,” he said.

“And then depending on the outcome of that we would welcome him to the Australian Open.“

The deadline for entry into the Open closes in December.