Djokovic: Justice delivered at last
While deeply disappointing to tennis champion Novak Djokovic, and his fans, on the eve of the Australian Open, any decision by the full Federal Court on Sunday evening, other than the one handed down would have been incongruous.
The court unanimously agreed to dismiss Djokovic’s challenge to the cancellation of his visa and ordered him to foot the federal government’s legal bill. Yes, it should never have come to this because he should not have been given a visa, and false hope, in the first place.
Yes, he was treated badly during the protracted process and at one stage denied procedural fairness. And yes, the tournament will be poorer without his quest for a 10th title and a record 21st grand slam singles win. He was scheduled to play on Monday night. But there is plenty of talent in the draw. It is bigger than any one player.
The federal government has a serious obligation to uphold the nation’s laws, including controlling the border at all times, and being seen to be in control. Despite a few sneers overseas about the Djokovic controversy, that stance is well known, respected and sometimes emulated by other nations. The court will give its reasons on Monday but it did its job. It upheld the law. And Djokovic made it clear he respected the court’s ruling and would co-operate with authorities in relation to his departure from Australia.
Tennis Australia should have understood that before it gave him the tick to play, and it should have been made clear to Djokovic before he stepped on to the plane to fly to Australia. Knowing the rules, he also had a choice – including getting vaccinated in time. It would have saved him disappointment, afforded him the chance to win a tournament at which he has excelled, and avoided the ignominy of being deported.
The famous and the wealthy cannot be exempted from requirements that Australians here and living overseas have to follow. As Scott Morrison said: “Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected.’’
Experience shows Australians expect governments to make hard calls to defend the integrity of national borders.
Djokovic, reportedly, will be unable to obtain an Australian visa for another three years, except in compassionate or compelling circumstances. By next year, the option of granting him a visa, under different circumstances, should not be ruled out. He could change his mind about being vaccinated. Better still, it might not be needed if the pandemic has blown itself out.
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