Novak Djokovic was deported from Australia ahead of the Australian Open 2022 after the entire federal court dismissed them to restore his visa. Australia Immigration Minister Alex Hawke dismissed his visa based on civil unrest as he is a talisman of anti-vaccination sentiment.
Djokovic’s lawyers had argued Hawke’s decision was “illogical, irrational or unreasonable,” and the Minister based it on Djokovic’s public statement about vaccination without actually seeking his view.
The ATP called the sage “a deplorable series of events.” A statement added, “finally, decisions of legal authorities regarding matters of public health must be respected.” Additional time is required to take stock of the facts and learn from this situation.
In court on Sunday, the Minister’s counsel, Stephen Lloyd, argued Australia “may not be bound to suffer the presence of an alien for fear of what may occur if they were removed.”
Use of ministerial power to cancel a visa comes with a three-year ban on re-entering Australia, except in compelling circumstances, such as compassionate or Australian national interest grounds.
In a statement, Hawke welcomed the unanimous decision, arguing that Australia’s strong border protection policies had both kept us safe during the pandemic and are fundamental to safeguarding Australia’s social cohesion. Australia Prime Minister Scott Morrison welcomed the decision to keep our borders strong and keep Australians safe. It is time to enjoy with the Australian Open and get back to enjoying tennis over the summer.”
Reaction in Australia to the court result was mixed. The Labor opposition’s home affairs spokeswomen, Kristina Kenneally, said the Morrison government had made itself “a laughing stock on the world stage.”
The Morrison government’s argument before the court that Mr. Djokovic’s visa should be called because his presence here may foster anti-vaccination sentiment based on what he did and said before he was granted a visa (Karp, 2022).
Karp, Paul (2021), Novak Djokovic leaves Australia after court upholds visa cancellation, The Guardian, published on 16th January 2022
