As it happened: Immigration Minister cancels Serbian tennis star Novak Djokovic visa ahead of 2022 Australian Open campaign

Novak Djokovic’s lawyers claim Immigration Minister Alex Hawke based his decision to cancel the Serbian star’s visa on the basis his presence in Australia would stoke anti-vax sentiment.

Counsel Nicholas Wood, SC, said Mr Hawke had chosen to “remove a man of good standing” from Australia and “impair” his career over comments Djokovic had made in 2020.

“He has no rational basis to say the decision he makes is up to generate a greater amount of anti-vax sentiment that he is seeking to minimise,” he said

That’s it from us on the live blog tonight after a massive day.

To re-cap, Immigration Minister Alex Hawke cancelled Novak Djokovic’s visa once again, citing health and good order grounds, on the basis it was in the public interest, in a statement just before 6pm.

Djokovic’s lawyers are challenging the decision, telling the Federal Circuit Court this evening the basis of the cancellation was irrational.

The court heard Mr Hawke cancelled the tennis player’s visa on the grounds his presence in Melbourne would “excite anti-vax sentiment”, as Djokovic’s lawyer Nicholas Wood, SC, told the court.

Mr Wood said removing the Serbian tennis star would do exactly the same thing.

Also from tonight’s hearing, we learned Djokovic is not in immigration detention yet, but rather a “residential address”. He will be taken into detention after he is interviewed tomorrow morning at 8am.

The government has given an undertaking that it would not remove Djokovic from the country while the court challenge is afoot.

Djokovic’s lawyers will file a formal application to the court tonight and submissions tomorrow by midday.

The case will be transferred to the Federal Court, which will hold a hearing on Saturday at 10.15am.

Thanks for reading, and we’ll bring you all the developments over the weekend.

Court is back and Judge Kelly has agreed to add words to his order so that the parties can agree on the location of where Djokovic will be detained or interviewed.

The directions hearing has finished.

Djokovic’s lawyer Nicholas Wood, SC, asked for Djokovic to be taken into detention in a location other than the immigration office, citing security fears and the possibility of a “media circus” after the location of his interview was broadcast during the proceedings.

“We have a genuine concern about security and a potential media circus, to be frank,” Mr Wood said.

But Judge Anthony Kelly said that could have been brought to his attention sooner.

“The obviousness of that circus might have occurred to everyone before five to 11 on Friday night. Now don’t put this at my feet,” Judge Kelly said.

Counsel for the Minister for Immigration Stephen Lloyd, SC, said detention arrangements could be agreed between the parties.

“You can’t ask me to broker this,” Judge Kelly said.

He then stood the case down for a short time.

Judge Kelly has ordered border officials undertake to not remove Novak Djokovic from Australian while his legal challenge is afoot.

Judge Kelly said Djokovic will be taken into immigration detention after he is interviewed by officials tomorrow morning.

He will be allowed to stay with his lawyers while they prepare submissions tomorrow, and appear for another hearing on Sunday morning.

He ordered Djokovic’s lawyers to file and serve their application and affidavits.

Judge Kelly also ordered the case be transferred to the Federal Court.

Judge Kelly is back and handing down his orders.

One of the more significant developments from tonight’s hearing is that we heard the minister’s reason for cancelling Novak Djokovic’s visa again.

His lawyer Nicholas Wood, SC, told the court the minister believes Djokovic’s presence in Melbourne would “excite” anti-vax sentiment.

This means the cancellation was probably made under a risk to public health or good order grounds.

Mr Wood called this reasoning “patently illogical” and said removing Djokovic from the country on those grounds may well do the same thing, that is, ‘excite’ anti-vax sentiment.

We also heard that Djokovic will not be detained in immigration detention until tomorrow, after he is interviewed by border officials at 8am.

The Minister for Immigration’s legal team also said the government would not remove Djokovic from the country until after the proceedings have finished.

Novak Djokovic’s legal team has asked that the Serbian tennis star not be detained in immigration detention while the urgent case is heard before the court.

Nicholas Wood, SC, said as well as being left alone tonight, Djokovic should be allowed to be with his lawyers tomorrow after he is interviewed by immigration officers at 8am tomorrow, and then permitted to stay in the same “residential premises” that he is in tonight.

But the lawyer for the Minister for Immigration Stephen Lloyd, SC, said Border Force officials plan to take Djokovic back into detention tomorrow.

Mr Lloyd told the court that after the immigration interview, Djokovic would remain at his lawyer’s office until midday tomorrow before being taken into detention and brought back for a court hearing on Sunday.

Djokovic’s lawyers said they will file their submissions by midday tomorrow.

The court has adjourned for a short time.

Novak Djokovic’s lawyers claim Immigration Minister Alex Hawke based his decision to cancel the Serbian star’s visa on the basis his presence in Australia would stoke anti-vax sentiment.

Counsel Nicholas Wood, SC, said Mr Hawke had chosen to “remove a man of good standing” from Australia and “impair” his career over comments Djokovic had made in 2020.

“He has no rational basis to say the decision he makes is up to generate a greater amount of anti-vax sentiment that he is seeking to minimise,” he said

Djokovic’s lawyer Nick Wood, SC, has foreshadowed the grounds on which they could challenge the visa cancellation.

Mr Wood told the court the minister has justified the cancellation on the basis Djokovic’s presence in Australia would excite anti-vaccination sentiment.

He said the minister has given no consideration whatsoever what the forceable removal of Djokovic may have on anti-vaccination sentiment.

Mr Wood said that is “patently irrational”.

Mr Wood said the challenge is a question largely of “interferences to be drawn from the minister’s reasons” and rationality and perversity in approach to his decision-making.

Immigration Minister Alex Hawke’s lawyers have agreed not to deport Novak Djokovic from Australia until court proceedings are over or the matter is transferred to another court.

Stephen Lloyd, SC, also said Djokovic would not be detained tonight ahead of a meeting with immigration officials tomorrow morning.