Game, set and match: Novak Djokovic expelled from Australia

Rather than be marched to Melbourne airport, the Serb left voluntarily, flying out to Spain at 10.30pm, just hours before he had been due to play in the Australian Open.

Novak Djokovic says ‘I am uncomfortable that the focus of the past weeks has been on me and I hope that we can now focus on the game and the tournament I love’. Picture: Reuters

Tennis champion Novak Djokovic has ended his fight to stay in the country and play for a record 10th Australian Open title after the Full Court of the Federal Court emphatically rejected his case against the government’s decision to cancel his visa for a second time.

Rather than be marched to Melbourne airport, the Serb left voluntarily, flying out to Spain via Dubai at 10.30pm on a United Emirates flight on Sunday, just hours before he had been due to appear in the opening round of the tournament.

“I will respect the court’s ruling and I will co-operate with the ­relevant authorities in relation to my departure from the country,” Djokovic said.

“I am uncomfortable that the focus of the past weeks has been on me and I hope that we can now focus on the game and the tournament I love.”

In its unanimous finding, the court, under Chief Justice James Allsop, dismissed Djokovic’s bid to overturn last Friday’s decision by Immigration Minister Alex Hawke to send him packing because he was not vaccinated for Covid-19.

Handing down the finding at 5.50pm, Justice Allsop emphasised that the three-judge bench had not been asked to rule on the actual decision by Mr Hawke to revoke Djokovic’s permission to enter the country.

Chief Justice James Allsop. Picture: You Tube

The extraordinary weekend hearing had instead focused on whether the minister’s action was irrational or legally unreasonable.

“It is no part of the function of this court to decide on the merits or wisdom of the decision,” Justice Allsop said, rejecting Djokovic’s application to quash the cancellation of his visa by Mr Hawke. The court would publish detailed reasons at a later date.

Applauding the decision, Scott Morrison said the government had acted to protect both public health and uphold the nation’s borders.

“I welcome the decision to keep our borders strong and keep Australians safe,” the Prime Minister said. “I thank the court for their prompt attention to these issues and the patience of all involved as we have worked to resolve this issue.

“It’s now time to get on with the Australian Open and get back to enjoying the tennis over summer.”

Novak Djokovic leaves the Marhaba lounge at Melbourne Airport for flight back to Europe. Picture: Shane McInnes/Twitter

Mr Hawke said border rules were fundamental to safeguarding social cohesion during the pandemic. “Australians have made great sacrifices to get to this point and the Morrison government is firmly committed to protecting this position, as the Australian people expect,” he said.

But Serbian President Aleksandar Vucicć said Australia had ­harassed and humiliated the southeast European country’s favourite son in a “witch hunt” that culminated with “meaningless” legal proceedings.

“He did everything that was needed, and then the harassment of unprecedented proportions began,’’ Mr Vucic said.

Djokovic’s high-powered team of lawyers succeeded last week in persuading the Federal Circuit and Family Court to quash the original cancellation of his visa by a delegate for the Home Affairs Minister, setting the international row rolling.

This was despite the exemption to vaccine rules Tennis Australia had made for him, with the backing of a Victorian government ­expert committee, on the basis that he had contracted the virus in December, evidently for the ­second time after a bout in 2020.  The Full Court’s decision was handed down only 90 minutes after tournament organisers had issued the order of play for Monday, with Djokovic listed to follow Australian women’s World No. 1 Ash Barty in the prime time evening slots on Rod Laver Arena.

In a late-night switch by Tennis Australia, Italian Salvatore Caruso was slotted in to take Djokovic’s place in the Australian Open tournament.

Ranked 150, “lucky loser” ­Caruso will take on Serbia’s Miomir Kecmanovic at 5pm.

Djokovic was slated to play Kecmanovic at 7pm on the Rod Laver Arena. But Germans Daniel Altmaier and Alexander Zverev and instead duke it out in the vacated spot.

“Tennis Australia respects the decision of the Federal Court,” a spokperson said on Sunday night.

Serbian tennis player Novak Djokovic departs from the Park Hotel government detention facility.

Alex Hawke MP, Minister for Immigration. Picture: NCA NewsWire / Martin Ollman

The 34-year-old’s elimination shattered his dream of defending his Open title and overtaking ­rivals Roger Federer and Rafael Nadal as the most successful player in the history of the game.

The so-called “Big Three” of international tennis are currently tied on 20 grand slam victories each.

In voicing his dismay with his departure from Australia, Djokovic said: “I would like to wish the players, tournament officials, staff, volunteers and fans all the best for the tournament.”

His booting from the country is expected to create waves worldwide and fire renewed protests and anger from anti-vaxxers who have made him a hero of the movement.

Barrister Nick Wood SC, for Djokovic, told the Federal Court judges that cancelling the Serb’s visa was just as likely to galvanise anti-vaccination protesters than allowing him to stay. He said Mr Hawke had failed to justify his actions on the evidence before him.

“It was just quite obvious that [deporting Djokovic] itself might generate anti-vax sentiment,” the silk said.

But Stephen Lloyd SC, for the Immigration Minister, said Mr Hawke had held the reasonable belief that Djokovic’s continued presence in Australia “may be a risk to the health of the Australian community” as well as public order.

He said the government considered Djokovic to be a “role model” people wanted to emulate because of his standing in tennis and whose unvaccinated status had been co-opted by the anti-vax movement.

Djokovic had a history of breaking Covid rules, including recently taking part in an interview and a photo shoot with French sports publication L’Equipe after he tested positive.

“The minister took the view that his [Djokovic] presence in Australia could encourage people to emulate his apparent disregard for safety measures,” Mr Lloyd said.

Mr Vucic said Serbia’s complaints with Djokovic’s treatment was with the Australian government, not the Australian people. In contrast, Australian athletes ­visiting Serbia could look forward to be welcome there.

“We will show that we are better than the Australian government, and I thank the Australian people,’’ he said.

“They think that they humiliated Djokovic … They humiliated themselves, and Djokovic can ­return with his head held high to his country”.