Novak Djokovic wins Court appeal against decision to cancel his Australian visa

January 10, 2022

World tennis number one Novak Djokovic has today won a Court appeal against the Australian Border Force’s decision to cancel his visa over his COVID vaccination status meaning he will likely be able to compete in the Australian Open as of next week.

Djokovic’s legal team secured a victory in the Federal Circuit Court quashing the decision to cancel his visa be quashed. Following the victory, he was immediately released from detention.

However, media reports suggest that Federal Immigration Minister Alex Hawke may be considering cancelling Djokovic’s visa again by exercising his personal powers.

After considering arguments in Court this morning, Circuit Court Judge Anthony Kelly read a consent minute agreed between the defending men’s Australian Open champion and Federal Home Affairs Minister, Karen Andrews.

Judge Kelly said it was “unreasonable” for Australian Border Force (ABF) officials to have interviewed Djokovic when he arrived in the country on Thursday morning and cancel his visa in circumstances where they had agreed to give him until 8.30am to speak to officials and respond to the proposed visa cancellation.

Court documents show Djokovic’s reason for seeking a medical exemption from Australia’s vaccination requirements was that he contracted COVID-19 in mid-December.

This was accepted by Tennis Australia and the Victorian Government medical panels which granted him the exemption on 30th December, but ABF decided Djokovic had not satisfied entry requirements.

Judge Kelly went on to state that if Minister Hawke personally cancelled the visa, this could also be appealed and warned he expected to be “fully informed in advance” if such a decision was taken.

Earlier, Judge Kelly queried “what more” Djokovic could have done to prove his medical exemption and criticised the Australian Government for reneging on a deal to give him more time to defend his visa from cancellation.

In a transcript of Djokovic’s interview with ABF officials, released after the hearing, the tennis star complained he had been put in a “very awkward position” by demands to substantiate the exemption.

Tennis Australia sought Federal Home Affairs Department advice
Leaked correspondence reported yesterday by newscomau has revealed that Tennis Australia had asked the Federal Department of Home Affairs to check the visa paperwork of Djokovic and other players as long ago as November.

However, the request was refused by officials.

Newscomau published copies of correspondence outlining Tennis Australia’s mounting concerns over how the medical exemptions would work dating back months.

A 17th November letter from the Federal Department of Health stated “we have reviewed your questions with the relevant officers within the Department, and with colleagues in the (Federal) Department of Home Affairs and Australian Border Force.

“Travellers who cannot be vaccinated for medical reasons must provide a medical certificate that indicates they are unable to be vaccinated with a Covid-19 vaccine because of a medical condition.”

The correspondence reveals that Tennis Australia had asked senior federal officials, “is there scope for Tennis Australia to work with Health or Home Affairs to provide certificates for review a number of weeks prior to their departure dates?”

Image: World tennis number one Novak Djokovic at the Australian Open. Credit: Tennis Australia.

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