Immigration Minister cancels Novak Djokovic’s visa, tennis star granted injunction to prevent him from being deported

Novak Djokovic will meet Border Force officials at a secret location this morning as he is detained again ahead of a final appeal.

Novak Djokovic has sought and obtained an urgent injunction to prevent the government from deporting him following Friday’s decision by Immigration Minister Alex Hawke to cancel his visa.

During a hastily scheduled late-night hearing in the Federal Circuit Court on Friday, Judge Anthony Kelly ordered that the federal government not take any steps to remove Djokovic from Australia before the tennis star’s appeal is resolved.

Djokovic also cannot be detained until 8am on Saturday, when he will attend an interview with federal officials.

Following that meeting, Djokovic will be allowed to visit the offices of his lawyers to discuss his case, escorted by two Border Force officials, before being taken into detention.

And he can return to those offices on Sunday, when a final hearing on the matter is expected to take place.

Judge Kelly also said the case would be transferred to the Federal Court of Australia.

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Djokovic’s legal team, led by Nicholas Wood SC, had argued for the matter to remain in the Federal Circuit Court in the interest of resolving it as quickly as possible.

Mr Wood stressed that any legal proceedings would involve the “chewing up of time that is extremely precious, every minute that we have before the tournament commences”.

The Australian Open, for which Djokovic is the number one seed, begins on Monday.

“I don’t wish to be critical. The position we find ourselves in today is the product of being given reasons for decision material shortly after 6pm on a Friday. More than four days after the original decision was made,” he said.

“We are where we are because of the time the Minister has taken. We are moving as fast as we possibly can.

Mr Wood said he wanted the matter to be decided in time for Djokovic to play on Monday night, should he succeed.

“Mr Djokovic may be scheduled to play on Monday night or Tuesday night. In those circumstances, we’re very concerned about time,” he said.

He said the grounds of appeal were narrower than in last week’s hearings, and he did not expect cross-examination or subpoenas to be necessary.

Mr Wood estimated each side could make its arguments in under an hour.

Djokovic’s initial visa cancellation at the hands of Border Force officials was overturned in court on Monday, but Mr Hawke still had the chance to exercise his extensive personal power as Immigration Minister, which he did after deliberating for most of the week.

2022 Australian Open Tennis. Novak Djokovic during his practice session on Rod Laver Arena. Picture: David Caird

Djokovic team previews its argument

In a lengthy exchange with Judge Kelly, Mr Wood revealed the core of the argument he intended to make on Djokovic’s behalf to contest the Minister’s decision.

He argued the reasons set out by Mr Hawke in support of his decision stood “in stark contrast” to those given by the Border Force officials for cancelling Djokovic’s visa on January 6.

Mr Wood said that initial cancellation was due to the prospect of Djokovic “infecting other people because he’s not vaccinated”.

“The present set of reasons is starkly different,” said Mr Wood.

“What the minister does is, in substance, to assume in Mr Djokovic’s favour every fact that might have been a factor previously.”

He said that, according to Mr Hawke’s reasoning, Djokovic “complied with the law” in all respects, posed “only a negligible risk to others”, was a person “of good standing”, and had a valid “medical reason for not being vaccianted”.

Mr Wood ridiculed Mr Hawke for, in his view, worrying that Djokovic’s presence at the Australian Open could inflame anti-vaxxer sentiment without considering the inflammatory effect deporting him might have.

“The Minister was making a binary decision. If he did not cancel Mr Djokovic’s visa, then Mr Djokovic stays in Melbourne, plays in the Australian Open,” he said.

“The binary alternative is that the Minister cancels Mr Djokovic’s visa. That leads to the forcible, mandatory removal of this man of good standing who has complied with law, who poses a negligible risk to the community.

“The Minister only considers the potential for exciting anti-vax sentiment in the event that he’s present.

“The Minister gives no consideration whatsoever to what effect (removing Djokovic) may have on anti-vax sentiment and indeed on public order.

“That seems patently irrational.”

Novak Djokovic at a practice session this week. Picture: Martin Keep/AFP

Djokovic will be detained on Saturday

The world number one’s lawyers argued that he should remain free on Saturday and then spend the hearing, should it happen on Sunday, in his lawyers’ offices.

Mr Wood said it would be “rather more kerfuffle than is necessary or appropriate” to detain Djokovic following his meeting with officials at 8am on Saturday in front of a “media circus”.

“Particularly when the Minister has not sought to detain Mr Djokovic tonight,” he added.

He expressed concern for Djokovic’s security and requested he be taken into custody at a location agreed to by both sides, but not announced publicly.

The government did not agree to let Djokovic remain free, but did agree to the possibility of Djokovic’s interview happening at an undisclosed location.

Minister’s late-afternoon visa decision

Mr Hawke finally came to a decision on Friday afternoon, invoking his discretionary power and immediately seeking to deport Djokovic.

“Today I exercised my power under section 133C (3) of the Migration Act to cancel the visa held by Mr Novak Djokovic on health and good order grounds, on the basis that it was in the public interest to do so,” Mr Hawke said in a statement.

“This decision followed orders by the Federal Circuit and Family Court on 10 January 2022, quashing a prior cancellation decision on procedural fairness grounds.

“In making this decision, I carefully considered 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, particularly in relation to the Covid-19 pandemic. I thank the officers of the Department of Home Affairs and the Australian Border Force who work every day to serve Australia’s interests in increasingly challenging operational environments.”

Djokovic will be banned from being granted another visa for three years if he doesn’t successfully appeal the decision – however this can be waived.

Prime Minister Scott Morrison also shared a statement on Friday evening.

“I note the Minister for Immigration’s decision in relation to Mr Novak Djokovic’s visa,” he said.

“I understand that following careful consideration, action has been taken by the Minister to cancel Mr Djokovic’s visa held on health and good order grounds, on the basis that it was in the public interest to do so.

“This pandemic has been incredibly difficult for every Australian but we have stuck together and saved lives and livelihoods.

“Together we have achieved one of the lowest death rates, strongest economies and highest vaccination rates, in the world.

“Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected.

“This is what the Minister is doing in taking this action today.

“Our strong border protection policies have kept Australians safe, prior to Covid and now during the pandemic.

“Due to the expected ongoing legal proceedings, I will be not be providing any further comment.”

Scott Morrison said he’s not going to comment further. Picture: NCA NewsWire / Gary Ramage

Similarly, a Victorian Government Spokesperson said: “This visa issue remains between the federal government and Novak Djokovic,whose team has reportedly indicated the intention to take further legal action in the federal court system. It would therefore be inappropriate to comment at this stage.”

Djokovic could still play in the Australian Open

The news that Novak Djokovic’s visa had been cancelled quickly spread around the world but there is still hope for the Serbian’s fans that he could play at Melbourne Park.

Although it makes his path a lot more difficult, it doesn’t completely close the door on his record-breaking grand slam attempt.

Abul Rivzi, a former deputy secretary of the Department of Immigration, spoke on ABC News immediately after the decision was revealed.

He said it meant Djokovic would have to be taken into detention and he added: “I assume his lawyers will now seek judicial review of that decision”.

He added that a judge would likely be asked to consider a bridging visa to allow him to play in the Australian Open.

As for if he could compete in the Australian Open: “That is entirely in the hands of the relevant judge that is handling this matter,” Mr Rivzi said. “He will need to sit over the weekend. There are complex issues to be considered, and the judge will have a difficult decision to make as to whether to release Novak Djokovic to allow him to play in the Australian Open.

“Or indeed if it is the case that the judge accepts that there are strong public interest grounds for Mr Djokovic to remain in detention, he would stay there and that would mean he cannot compete.”

As for Australia, Mr Rivzi said it would show Australia is “tough on issues of Covid” but also the “poor handling of this matter”.

The Herald Sun also reported that legal experts have told the publication that it would be difficult to deal with before the start of the Australian Open on Monday.

As Djokovic was also drawn into the Australian Open, it is also a headache for tournament organisers who will have to shuffle the draw if the world No. 1 is unable to play the tournament.

New York Times tennis journalist Ben Rothenberg laid out the options for the Australian Open before the draw on Thursday.

“Here’s a brief rule book thread on how it will work with seedings re: Djokovic, as his fate remains unknown,” Rothenberg said. “If Djokovic pulls out of #AusOpen in short time left before the draw (very unlikely), #2 Daniil Medvedev would become #1 seed.

“If Djokovic pulls out after #AusOpen draw but before Day 1 order of play is released, #5 Andrey Rublev would be moved to Line 1 of draw to take Djokovic’s slot. #17 Gael Monfils would move onto Rublev’s line, and Alexander Bublik would become #33 seed and move onto Monfils’ line.

“And, of course, if Djokovic takes court at the #AusOpen for any of his matches, he would continue in the tournament until he is pulled out, loses, or wins the thing. He would not be replaced mid-tournament; his next opponent would simply be given a walkover into the next round.”

Djokovic’s 11-year saving grace

Novak Djokovic’s possession of a diplomatic passport, which he obtained for being part of the Davis Cup championship team in 2011, could potentially serve as his saving grace amid the highly-publicised visa saga.

Speaking to the Herald Sun, first counsellor at the Serbian embassy Ivana Isidorovic revealed that Djokovic’s diplomatic passport should ensure “adequate treatment” of the 20-time grand slam champion.

“Djokovic, as our most recognisable representative in the world, is the holder of a diplomatic passport, which should, in diplomatic theory and consular practice, guarantee him adequate treatment when crossing borders,” she said in a statement.

However, migration experts believe Djokovic’s diplomatic passport shouldn’t lead to special treatment in his visa fight.

The Department of Foreign Affairs and Trade website states: “Diplomatic and Official Passports do not confer on the holder any special rights or privileges”.

‘Stop this debacle’: Senator fires up

Tasmanian senator Jacqui Lambie has called on Immigration Minister Alex Hawke to make a decision over the Novak Djokovic visa saga, calling the situation an “absolute shambles”.

“Maybe it’s about time to stop this debacle, finish it once and for all,” Lambie said on Channel 9’s Today.

“Make up your mind, Alex Hawke, and where are you? Missing in action? Make a decision.

“If you can’t make a decision on Novak Djokovic, goodness me, how are you guys running the country? This is an absolute shambles. Let alone what it’s making us look like in the face of the rest of the world. It’s absolutely a shocker.”

Jacqui Lambie and Novak Djokovic.

Shane Warne weighs in

Shane Warne has weighed into the scandal, taking to Twitter on Friday to say Australia is “entitled” to boot Djokovic out if he has misrepresented himself on border entry forms and mixed in public while Covid-positive.

“Novak is a great tennis player & one of the all time greats. No doubt. But he’s lied on entry forms, been out in public when he knew he had Covid & is now facing legal cases,” Warne tweeted. “He’s entitled to not be jabbed but Oz is entitled to throw him out! Agree?”

‘Clearly lied’: Djoker pile-on intensifies

US journalist Jemele Hill joined the Djokovic pile-on during a live cross with CNN on Friday (AEDT).

“If you are someone who lives in Australia, a country which has been under some of the stricter rules that we’ve seen worldwide, and you’ve had to be vaccinated, you’ve had to social distance, you’ve had to adhere to all these different regulations,” Hill said.

“And here comes this guy who clearly lied on his application about when he travelled to another country.

“There are still lots of questions about when he actually contracted Covid last month. He’s clearly trying to skirt the rules.”

Players have also raised concerns. Australian Open fifth seed Andrey Rublev told Russian news agency TASS: “The situation with Novak is very confusing. We don’t know all the details.

“Personal agreements do not give an athlete the right to cross the border, the law of the country is the law.

“None of us would want to get into such a situation. I can only shrug my shoulders and regret that instead of tennis, everyone is discussing these things.”

Ex-Aussie star Sam Groth said the situation was causing drama in the locker room.

“It’s starting to affect the players, the way they prepare, yesterday they were waiting around an extra hour to find out who they play,” Groth told Today.

“A lot of the players made the decision to get vaccinated, whether they wanted to or not, to come down to play the Australian Open.

“I think a lot of the players that made the decision just to be able to come down to Melbourne Park are now feeling like it’s one rule for Novak and one rule for everybody else.”

Djokovic just wants to get on the court. (Photo by Mike Frey / AFP)

‘A tragedy’: Djokovic affair embarrasses Melbourne

The Committee for Melbourne, an organisation that represents and advocates for the city’s arts and business sectors, has hit out over the Djokovic affair and its impact on the Victorian capital.

The Committee called the situation “embarrassing” and a “debacle” as chief executive Martine Letts pointed the finger at all parties involved for their mishandling of his visa mess. Speaking to The Age, Ms Letts said the saga reflected poorly on Melbourne.

“The Djokovic visa and vaccination saga has reflected poorly on all those involved, which is a tragedy considering the excellence of our infrastructure and tournament planning,” Ms Letts said.

“No matter who is right or wrong, (the saga) has shown a vindictive and intolerant face of Australia which we can ill afford as we seek to open up again to the world.

“As Australia’s global events and sporting capital, we really want to be seen as competent and welcoming as we emerge from being one of the world’s most locked-down jurisdictions in 2020 and 2021.

“We cannot let the Australian Open debacle set the tone for the rest of this and future years and leave the door wide open for others to step in and take our (major events) crown, which they will take every opportunity to do.”

Cold water poured on Novak rumour

Spanish authorities have rejected a rumour they are investigating Djokovic over his recent travel into the country.

Reports emerged on Thursday the 20-time major winner was being investigated after he recently travelled from Serbia to Spain, where he practised ahead of the Australian Open.

Tennis reporter Gaspar Ribeiro Lanca tweeted on Thursday: “Breaking news: COPE reports that the Spanish Government is now investigating whether unvaccinated Novak Djokovic entered the country illegally in late December. Since September 20, citizens from Serbia need a vaccine certificate OR a special exemption to enter Spanish territory but so far the authorities say they did not receive any request from Djokovic.”

However, cold water has been poured on suggestions Djokovic is under the microscope in Spain. “The news is false. Neither the government has ordered it nor is there any police investigation open on the athlete,” a spokesperson for Spain’s interior ministry told Politico.

Will the saga ever end? (Photo by Graham Denholm/Getty Images)

Blame game erupts as Djoker’s plan revealed

Djokovic will reportedly challenge any decision to deport him in court, should Minster Hawke decide to boot the world No. 1 out.

The Age reports a member of Djokovic’s camp said legal action will immediately be launched if he is told to leave the country, even after having his visa cancellation overturned in court on Monday.

According to the report, Team Djokovic is hopeful any legal challenge would be resolved by Sunday, allowing the Serbian to continue in the Australian Open, which starts on Monday, if he is successful.

Meanwhile, the Herald Sun reports government sources are blaming Djokovic and his camp for using delaying tactics to draw the saga out.

Visa saga rolls on

Djokovic, who is unvaccinated, received a medical exemption to compete in the year’s first grand slam but when he touched down in Melbourne last week, was told by the Australian Border Force he had insufficient evidence to prove his exemption was justified.

The nine-time Australian Open champion was kept in a Melbourne hotel until the end of Monday’s hearing, when he was released from detention.

Djokovic’s exemption was based on his and Tennis Australia’s belief that having contracted Covid-19 in the past six months was a valid reason to not be vaccinated.

Djokovic’s family thanked fans for their support and defended his right to be in Australia. Speaking to Sunrise earlier this week, his mum Dijana said: “Novak is 34-35, even me as a mother I don’t have any choice to make pressure on him.

“He has his own philosophy of his life. If he thinks like that, I can just say OK.

“I know that Novak is the most healthiest guy in the world, like a sportsman. He takes care of his life and his body so much that nobody can even imagine how. He’s so dedicated to this sport and dedicated to what he’s doing. He’s playing tennis and he wants to stay on the court and I know he is doing everything to take care of his body to stay healthy.

“I don’t know what is the problem if he doesn’t want to get vaccinated. That’s his choice and each person in this world has the opportunity to make a choice. This is like human rights. You cannot pursue him or pressure him to do this.”