Novak Djokovic Loses Legal Court Battle, Deported from Australia

NEW DELHI, Jan 16: Australian Open will start from Monday as scheduled but without the defending champion and world number one tennis star Novak Djokovic.

The Serbian who has dominated the stages of Australian Open for the last decade, was deported from Melbourne on Sunday evening after he lost a court battle against cancellation of his visa by the Australian government ending the 10-day long high drama over his participation in the tournament.

With his dream of clinching a record 21st Grand Slam in tatters, an “extremely disappointed” Djokovic said he would comply with a unanimous Federal Court decision to uphold his visa cancellation over fears he could stoke anti-vaccine sentiment.

“I cannot stay in Australia and participate in the Australian Open,” he said on the eve of a tournament that he has dominated for a decade. “I hope that we can all now focus on the game and tournament I love.”

His flight for Dubai EK409 took off at 10.51 p.m. local time (5.21 p.m. IST). Just hours earlier, in a few dry words, the chief justice of Australia’s Federal Court, James Allsop, dispensed with the unvaccinated tennis superstar’s attempt to reinstate his cancelled visa and to make tennis history. “The orders of the court are that the amended application be dismissed with costs,” Allsop said. Three Federal Court justices had listened to half a day of feisty legal back-and-forth about Djokovic’s alleged risk to public order in Australia.

Immigration Minister Alex Hawke claimed Djokovic’s stance could inspire anti-vaccine sentiment, leading some people to face the pandemic without vaccination and inspiring anti-vaxxer activists to gather in protests and rallies.

Hawke welcomed Sunday’s verdict, saying: “Australia’s strong border protection policies have kept us safe during the pandemic. They are also fundamental to safeguarding Australia’s social cohesion,” he said.

The player’s high-powered legal team tried but failed to paint Australia’s effort to deport him as “irrational” and “unreasonable.” Despite the star being unvaccinated, lawyer Nick Wood insisted his client had not courted anti-vaxxer support and was not associated with the movement.

The court did not endorse the government’s decision, but ruled the action was legal under rules that give the minister exceptional and almost unquestionable executive power.

The Australian Open defending champion and first seed had been scheduled to play against fellow Serbian Miomir Kecmanovic on Monday evening.

But Djokovic has spent much of the last week in immigration detention, with his visa twice being revoked by the government over his refusal to get a Covid-19 vaccine before arrival — a requirement for most visitors.

Government lawyer Stephen Lloyd said the fact Djokovic was not vaccinated two years into the pandemic and had repeatedly ignored safety measures — including failing to isolate while Covid-19 positive — was evidence enough of his anti-vaccine views. “He has now become an icon for the anti-vaccination groups,” Lloyd said. “Rightly or wrongly he is perceived to endorse an anti-vaccination view and his presence here is seen to contribute to that.”

In a written submission the government also pointed out that Djokovic chose not to give evidence at the hearing. “He could set the record straight if it needed correcting. He has not — that has important consequences.”

Because of the format of the court, the justices’ decision would have been almost impossible to appeal. Scott Morrison’s government had tried and failed to remove Djokovic once before — on the grounds he was unvaccinated and that a recent Covid infection was not sufficient for a medical exemption.

A lower circuit court judge ruled that officials at Melbourne airport made procedural errors when cancelling his visa.

For a few days, Djokovic was free to train — before a second visa revocation and a return to a notorious Melbourne immigration detention facility.

His country, however, fully backed Djokovic. Serbian President Aleksandar Vucic lashed out at Australian authorities stating, “They think that they have by this, this mistreatment of 10 days, humiliated Djokovic, but they have humiliated themselves. Djokovic can return to his country with his head held high,”  Vucic told a state media outlet. Vucic has remained steadfast in his support for Djokovic throughout the drama, calling the earlier detention of the tennis star a “political witch hunt”.

“I spoke earlier to Novak Djokovic after the decision and I encouraged him. We look forward to seeing him return to his country, where he is always welcome,” the President added.

Djokovic is tied with Roger Federer and Rafael Nadal with 20 Grand Slam titles each and was hoping to surge ahead with the Australian Open title.

(Manas Dasgupta)