Novak Djokovic deported, could be banned from Australia for three years, but there is a loophole

Novak Djokovic has been kicked out of Australia and could miss multiple Australian Opens. This is how he gets around a three-year ban.

Novak Djokovic has had his visa cancelled and will play no part in the 2022 Australian Open. He will fly out of Australia on an Emirates flight to Dubai at 10.30pm.

But the consequences following his deportation could be far greater than just missing this year’s tournament.

The full court of the Federal Court of Australia ruled unanimously on Sunday to deport Djokovic after Immigration Minister Alex Hawke used his powers under section 133C (3) of the Migration Act to rescind the world number one’s visa. He cited “health” and “good order” grounds.

After an adverse decision under that part of the Migration Act, the affected person is unable to be granted a visa while offshore for a period of three years.

It means Djokovic could be barred from playing in the 2023 and 2024 Australian Opens as well.

Fear not, Djoker fans, as there is room for an exception to be made for him.

The three-year ban can be waived in certain situations, including compelling circumstances that affect the interests of Australia, or compassionate circumstances that affect the interests of an Australian citizen or permanent resident.

Obviously, Djokovic is not an Australian citizen or resident. So next year, or in 2023, he would likely petition the government with the argument that his presence at the Australian Open would help the national interest.

Whether that argument is true or not is a matter of opinion.

“Djokovic can apply to the government to ask for the ban to be waived on compelling and compassionate grounds. I imagine if he wants to play in next year’s Australian Open, he may apply,” former deputy secretary of the Immigration Department Abul Rizvi told The Project on Friday night.

“I suspect whoever is the minister would probably allow that.”

Novak Djokovic. Picture: Paul Crock/AFP

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.

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.

Speaking on behalf of the full court less than 24 hours before the Australian Open gets underway, Chief Justice James Allsop handed down orders that will see Djokovic on a flight back home.

“This is not an appeal against the decision of the executive government,” Allsop told the court.

“It is an application to the court as a separate arm of government being the Commonwealth judicial branch to review a decision by a member of executive, the minister, for the lawfulness or legality of the decision on the three grounds put forward.

“These grounds focus on whether decision was for different reasons irrational or legally unreasonable. It is no part or function of the court to decide upon the merit or wisdom of the decision.”

🤦🏽‍♂️

— Nicholas Kyrgios (@NickKyrgios) January 16, 2022

BREAKING:

Djokovic's application to have his visa cancellation overturned is to be "dismissed with costs."

Djokovic loses. He now has no Australian visa, and will be deported.

The nine-time #AusOpen champion will have to leave Australia in short order.

— Ben Rothenberg (@BenRothenberg) January 16, 2022

Pretty incredible moment / the deportation of number one male tennis player in the world. Huge implications for Australia and the Australian open. #NovakDjokovic

— Patricia Karvelas (@PatsKarvelas) January 16, 2022

The Serbian star made a statement after the decision by the Federal Court on Sunday.

“I’d like to make a brief statement to address the outcomes of today’s Court hearing,” he said. “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 ruling to dismiss my application for judicial review of the 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’ll co-operate with the relevant authorities in relation to my departure from Aus.

“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.”