Novak Djokovic’s ‘health risk’ to Australia will determine visa

The world is waiting to see whether the Immigration Minister will cancel Novak Djokovic’s visa – but there’s one question he must answer first.

Novak Djokovic’s visa saga is about to enter its second week, as the world awaits Federal Immigration Minister Alex Hawke’s decision to potentially use his ministerial power and kick the world number one out of Australia.

Many were expecting a decision to be made on Thursday but that never arrived – with Prime Minister Scott Morrison refusing to be drawn on the matter.

But there’s one question Mr Hawke will have to answer along the way – is Djokovic, as stated in the immigration act, “a risk to the health, safety or good order of the Australian community or a segment of the Australian community”?

If the answer to that question is “yes”, it could be one of three paths the Federal Government could take if they choose to cancel the Serbian tennis star’s visa, former Immigration Department deputy secretary and expert in immigration and population, Abul Rizvi, explained.

Speaking to 3AW on Thursday morning, Mr Rizvi said there’s a “50/50” chance the government will move to deport him.

There’s a ‘50/50’ chance the government will move to deport Novak Djokovic. Picture: William West/AFP

Djokovic’s fate lies in the hands of Federal Immigration Minister Alex Hawke. Picture: NCA NewsWire/Martin Ollman

“The government has a range of options it could pursue. If [Mr Hawke] decides to cancel, there are three possibilities for cancellation,” he said.

“One is cancellation personally by the Minister in the national interest. That is an unusual route to take but it is an option open to the government.

“The second option is to cancel on the basis that he provided false information on Australian government forms – that is a more common basis for cancellation.

“And a third option, which the government introduced yesterday which I was a bit surprised by, is to cancel on character grounds. I’ve looked through the character provisions very closely and the only provision I think they could use would be the so-called general conduct provisions of the character test, but that would be quite unusual.

“I can’t remember a case in the past where the government has cancelled on that basis.”

Djokovic revealed a member of his team made a ‘mistake’ when filling out his border entry form. Picture: Instagram/djokernole

Djokovic, who is unvaccinated, revealed on Wednesday that a “mistake” was made by his team while filling out his border entry form, when they ticked a box saying he had not travelled in the 14 days before flying to Australia.

The star had actually flown from Spain to Dubai on January 4, then boarded a flight from Dubai to Melbourne on January 5.

“On the issue of my travel declaration, this was submitted by my support team on my behalf as I told immigration officials on my arrival – and my agent sincerely apologises for the administrative mistake in ticking the incorrect box about my previous travel before coming to Australia,” Djokovic wrote in an Instagram statement.

“This was a human error and certainly not deliberate. We are living in challenging times in a global pandemic and sometimes these mistakes can occur. Today, my team has provided additional information to the Australian Government to clarify this matter.”

A spokesperson for Mr Hawke said Djokovic had “recently provided lengthy further submissions and supporting documentation said to be relevant to the possible cancellation of Mr Djokovic’s visa”.

“Naturally, this will affect the time frame a decision,” they said.

What will happen if Djokovic’s visa is cancelled?

While the decision to cancel the 34-year-old’s visa last week was overturned in the Federal Circuit Court on Monday, government lawyer Christopher Tran swiftly flagged that the Immigration Minister could consider whether to exercise “the personal power of cancellation”.

It’s “almost certain” a decision will be reached today, with the start of the Australian Open on Monday now looming over the call.

“Alex Hawke has sought legal advice externally and also within his own department. Externally, there is conflicting advice – you can get rid of him, no you can’t,” 7 News’ Robert Ovadia said.

“Internally in his own department, the advice is ambiguous too so not an easy job ahead for the Immigration Minister.”

If Mr Hawke were to cancel Djokovic’s visa a second time, “straight away based on a public interest ground” – without notifying the player of an intention to cancel – the Minister would then assign a cancellation notice that would be taken by Australian Border Force (ABF) officers to the star.

He would then be placed in detention, and “they would then start making preparations for his removal from Australia based on the next available flight”, Mr Rizvi told 3AW.

“But if Mr Djokovic was to appeal the decision to cancel the visa, and that request of appeal was accepted, then Mr Djokovic would remain in detention until the court had time to consider the matter,” he explained.

“Now that would drag on well past the weekend I imagine. So it is quite possible that Mr Djokovic, if his visa is cancelled, would be in detention in Melbourne while the [Australian Open] starts in Melbourne.”