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, upholding the Immigration Minister, Alex Hawke’s decision to deport tennis world no.1 tennis, Novak Djokovic, out of Australia.

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

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

The decision leaves the nine-time champion with no option but to 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,” he said.

Djokovic was ordered to pay costs.

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.

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, Alex 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,” Hawke said in a statement.

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

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

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.

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

The last few days have 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.”

As Djokovic had recently received a medical exemption from both Tennis Australia and the Victorian State Government before entering Australia, he would have been 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.

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