Major setback for Djokovic as Australian court upholds visa cancellation

It is not known whether Djokovic will appeal the decision

Novak Djokovic’s last-ditch attempt to salvage his hopes of defending his Australian Open title has failed, as judges ruled Sunday that Australia’s immigration minister was within his rights to cancel the unvaccinated tennis star’s visa for a second time on the basis that he could pose a risk to public health and order.

The judges’ decision cannot be appealed.

Djokovic’s legal team argued in court Sunday that the immigration minister, Alex Hawke, had erred by choosing to cancel Djokovic’s visa on the grounds that he could encourage anti-vaccination sentiment in Australia. Hawke had not considered whether deporting Djokovic could also stoke such sentiment, Djokovic’s lawyers argued.

But a panel of three federal judges rejected that argument and sided with the government. A lawyer for Hawke argued Sunday that Djokovic’s team could not possibly prove that the immigration minister had failed to consider the consequences of his decision.

Chief Justice James Allsop did not give reasons for the judges’ decision, saying that would be provided Monday at the earliest. The decision was unanimous, he said at a hearing Sunday afternoon. He added that Djokovic must pay the government’s legal fees.

He said the ruling was not a reflection on the validity of Hawke’s decision to cancel Djokovic’s visa Friday — only on the merits of his decision-making process.

It was not immediately clear when Djokovic would leave Australia. He could be barred from entering the country for the next three years under its laws regarding visa cancellations, but the government could choose to waive that.

The dispute ran up against the Monday start of the Australian Open, a Grand Slam championship event that is one of the biggest tournaments of the year in tennis along with the French Open, Wimbledon and the US Open.

In addition to chasing his 10th Australian Open men’s singles title, Djokovic had been hoping to break a tie with Rafael Nadal and Roger Federer for the most Grand Slam championships in tennis history. They each have 20.

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