Novak Djokovic’s visa cancelled for a second time ahead of Australian Open
Defending men's champion Serbia's Novak Djokovic practices on Rod Laver Arena ahead of the Australian Open tennis championship in Melbourne, Australia, Wednesday, Jan. 12, 2022. Picture: AP Photo/Mark Baker
Novak Djokovic’s Australian visa has again been cancelled just days before the start of the Australian Open.
On Friday, the Australian immigration minister, Alex Hawke, exercised a personal power to cancel Djokovic’s visa, likely to result in the world No 1’s deportation and putting him out of contention for the grand slam tournament barring an against-the-odds court victory.
Just before 6pm (7am UK time) on Friday, Hawke released a statement saying he had made the judgement to send Djokovic home “on health and good order grounds”.
Hawke said: “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.
“This decision followed orders by the Federal Circuit and Family Court on 10 January 2022, quashing a prior cancellation decision on procedural fairness grounds.
“In making this decision, I carefully considered information provided to me by the Department of Home Affairs, the Australian Border Force and Mr Djokovic.
“The Morrison Government is firmly committed to protecting Australia’s borders, particularly in relation to the Covid-19 pandemic.”
The decision follows comments from the prime minister, Scott Morrison, on Thursday that he expects authorities to apply the policies of the government that non-citizen non-residents must be double vaccinated or have an acceptable medical exemption.
Djokovic arrived in Australia on the evening of 5 January. He believed that a visa granted on 18 November and an exemption approved by Tennis Australia’s chief medical officer and a Victorian government independent expert panel would be sufficient to enter Australia.
After late-night questioning at Melbourne airport, Djokovic’s visa was initially cancelled by a delegate of the home affairs minister last Thursday, on the basis a recent Covid infection by itself was not sufficient for an exemption from Australia’s strict vaccination requirements.
The delegate concluded that, since he was unvaccinated, Djokovic posed a risk to public health.
But on Monday, a federal circuit court judge restored Djokovic’s visa, concluding it was unreasonable for the Australian Border Force to renege on a deal to give him more time at the airport to address the exemption issue.
Government lawyers immediately put the world No 1 on notice that the immigration minister could still exercise a personal power to again cancel the visa.
Djokovic faced a nervous wait, with questions about his travel in the fortnight before arriving in Australia and attendance at events after his positive Covid diagnosis of 16 December. Der Spiegel also claimed anomalies suggested the positive result could have been negative or dated 26 December.
On Wednesday, Djokovic conceded his agent made an “administrative mistake” when declaring he had not travelled in the two weeks before his flight to Australia and acknowledged an “error of judgment” by not isolating after he tested positive for Covid.
The fresh decision to cancel the visa likely leaves the Australian Open without one of its biggest stars and Djokovic – who was seeking a record-breaking 21st grand slam triumph – unable to defend the title he has won nine times.
There could yet be a further legal challenge from the world number one but, if not, his hopes of winning a 10th title at Melbourne Park and 21st grand slam crown are at an end.
Djokovic’s legal team had indicated they would ask for a judicial review of the decision but he is expected to be detained and could be taken back to the Park hotel.
Djokovic headed straight to Melbourne Park after being freed from the hotel on Monday and has practised every day since, including early on Friday morning, but his hopes of staying in the country have faded as the week has gone on following revelations about his conduct.
Documents revealed Djokovic tested positive in Serbia on December 16 but he was photographed at events on the following two days and issued a statement earlier this week admitting he took part in an interview with French newspaper L’Equipe at his tennis centre in Belgrade despite knowing he had the virus.
He also admitted his declaration form falsely claimed he had not travelled in the 14 days prior to his trip to Australia, which he attributed to a mistake from his agent.
There has been strong criticism of the way the Australian Government has handled the situation but public opinion has been firmly in favour of Djokovic being sent home.
Sympathy has also been in short supply from his fellow players, many of whom were sceptical of taking the vaccine, with world number four Stefanos Tsitsipas telling India’s WION news channel: “A very small group chose to follow their own way and it kind of makes the majority look like they’re all fools.”
Following Djokovic’s detention, two other people – Czech player Renata Voracova and an official – who had entered the country with the same exemption were also informed that it was not valid and both left Australia without challenging the ruling.
Djokovic’s name remained in the draw for the tournament and it is likely to stay that way until it becomes clear whether he is leaving the country or contesting the decision but time is fast running out for the situation to be resolved before the start of play.
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