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HomeGovernmentDjokovic Visa Gone, Deportation Judgement Handed Down.

Djokovic Visa Gone, Deportation Judgement Handed Down.

Djokovic Visa Gone, Deportation Judgement Handed Down.

An official ruling has came down from the Australian Federal Court has upheld the Immigration Minister Mr Alex Hawke decision to deport N0.1 Tennis star Novak Djokovic out of the Australian Open Tennis Grand Slam and Australia.

The case was heard by a full bench of the Federal Court of Australia  which ruled unanimously to deport the Serbian Tennis player.

The hopes of defending his Australian Open title are over and must exit the country.

Call from the Australian public have been upheld,  amongst other tennis stars and fans who reacted with “favourite treatment” was  apart of his travelling circus that has been the plague of international media watching the 88,000 strong audience on You Tube e as the court went through proceedings over 3 hour stream live for the waiting media and public to view.

The decision leaves the 9 time champion at no choice end his legal fight as spoken from  Chief Justice James Allsop.

On behalf of the court:

“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.”

Djokovic was scheduled to get his Australian Open campaign underway at Rod Laver Arena on Monday evening, but Tennis Australia will need to come up with a replacement to schedule in  for day one of the grand slam.

According to ATP, world No. 150 Salvatore Caruso is expected to replace Djokovic in the men’s singles draw.The decision was unanimous and full reasons will be published at a later date.

Djokovic was ordered to pay costs.

 

Over the Weekend History of last minute appeals. 

A emergency scheduled court hearing  happened on Friday Night , Melbourne time, following the federal government’s decision to cancel tennis player Novak Djokovic’s visa for the second time.

The Federal Minister  of Immigration Mr Hawke,  pulled the “Public Interest” red card with  Section 133C of the Migration Act to use the personal power held by the minister to cancel a Visa Holder if he considers it in the public interest without
giving the visa holder any natural justice.

“Today I exercised my power under section 133C (3) of the Migration Act to cancel the visa held by Mr Novak Djokovic on health and good order grounds, on the basis that it was in the public interest to do so,” Mr Hawke said in a statement.

Used on only the extreme cases this has been the lever for which where Novak Djokovic ends up only days away from being nominated as the No.1 see into the Australian Open grand slam competition that begins on Monday.

Djokovic lawyers have been lodged to seek judicial review and appeal the following, to argue the matter on legal grounds and ask the judge to be release on a bridging visa , to enable to participate in the 2022. Australian Open.

Mr Hawke was given the control of choosing whether the 34-year-old was a risk to the health and safety of the Australia community, but “lengthy further submissions” from Djokovic’s legal team delayed a decision.

He adds , “In making this decision, I carefully considered information provided to me by the Department of Home Affairs, the Australian Border Force and Mr Djokovic.

With the weekend and hours burning away  until the Grand Slam takes centre stage in Melbourne , the judge will have to make his decision quickly, now going to the Federal Courts to resolve the issue.

Previously Judge Anthony Kelly, who oversaw Djokovic’s appeal against his first visa cancellation, over the directions hearing in the Federal Circuit Court last night , which means new judgement handover begins.

In Australian drama in unprecedented times,  previously presumed Novak Djokovic would be playing as when the Federal  Australian Government to release tennis world no.1 from immigration detention and pay for his legal fees.

The Hon Alex Hawke MP Minister for Immigration, Citizenship, Migrant Services and Multicultural Aff​airs

Despite the decision, Australia’s Immigration Minister, Alex Hawke, still had the overarching ability to cancel Djokovic’s visa due to a “purported threat to public health because he is unvaccinated” or “that it would be in the public interest to cancel the visa”, meaning Djokovic would be sent out of Australia and not permitted to return within the next three years.

The last few days has been a battle off the Court. 

Earlier ,  court ruling determined the Australian Government didn’t provide Djokovic enough time after notifying him of intent to cancel his visa to speak with others and respond with a fully thought-out answer.

Judge over the preceding, Anthony Kelly, discussing the option for Minister Hawke to overrule the decision and cancel Djokovic’s visa, said: “In a view, the stakes have risen rather than receded.”

The court case, which began today after Djokovic had been held at an immigration detention centre following the initial decision to cancel his visa on entry into Australia, pending Minister Hawke’s decision, would see Djokovic allowed to participate in the upcoming 2022 Australian Open.

As Djokovic had recently received a medical exemption from both Tennis Australia and the Victorian State Government before entering Australia, he would be allowed to compete in the Australian Open under the same restrictions facing all other athletes.

In the hearing, the court released a number of key documents, including transcripts from Djokovic’s interview with Australian Border Force officials after he was detained on arrival.

The transcripts are concerned with the moment Djokovic was informed of a notice of intention to consider cancelling his visa at 3:55am on his arrival, of which he was given until 8:30am to respond to.

In response to the news, Djokovic said: “I don’t understand, you’re cancelling my visa?”

The interviewer then replied confirming the notice of intention to consider cancellation, before suggesting Djokovic had “20 minutes, or whatever if you need more time you can request that” to provide reasons against the cancellation of his visa.

Djokovic then responded by saying: “I mean, I am really failing to understand what else do you want me to provide to you.”

“I have provided all the documents that Tennis Australia and Victorian Government has asked me to do in the last three/four weeks, this is what we have been doing.

“My agent and I have been in constant communication through 25 my agent with Tennis Australia and Victorian State Government, the medical panel…,” he said.

The decision to release Djokovic from the immigration detention was ultimately marked down to the work of the Australian Border Force officials at the airport, as he was not provided enough time to respond or contact his agent or legal representation.

Reports have suggested Minister Hawke was given four hours to decide on the cancellation of Djokovic’s visa, with reports Djokovic has now been arrested, with law enforcement present at his lawyers’ office, where he was waiting following the court hearing.

Now , Djokovic will have to move back the Immigration system as previously acquired earlier in the week and leave as per any other  travelling party.

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