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Djokovic Is Out! Australian Court Rejects The Visa Challenge

Djokovic Is Out! Australian Court Rejects The Visa Challenge

In a virtual hearing on Sunday, three judges of the federal court unanimously rejected Djokovic’s application to overturn the immigration minister’s decision to cancel his visa, but did not disclose the reasons for the ruling.

Recall that two weeks ago, Djokovic’s visa was revoked shortly after his arrival on 5 January.

Djokovic said he was under the impression he could attend because two independent panels affiliated with Tennis Australia and the Victorian state government had granted him a waiver on the grounds that he had been infected with Covid-19 in December.

The world No. 1 was scheduled to play Monday night at the Australian Open in Melbourne, where he had hoped to win a record-breaking 21st grand slam title for men.

The high-profile off-court saga that pits one of tennis’ biggest stars against the Australian government and public health authorities has overshadowed the run-up to this year’s first tennis grand slam.

Immigration Minister; Alex Hawke welcomed the court’s ruling and stressed the government’s commitment to maintaining a strong border policy.

Under current Australian law, all international arrivals are required to be vaccinated against Covid-19 – which Djokovic is not – unless they have a medical exemption.

Australia has in the past had some of the toughest border policies in the world to keep Covid-19 out. Hawke said those rules had kept Australians “safe” during the pandemic and were “fundamental” in “securing Australia’s social cohesion.”

“Australians have made great sacrifices to reach this point,” the statement said.

Australian Prime Minister Scott Morrison reiterated his message in a statement to the media.

“This cancellation decision was made for the sake of health, safety and good order on the grounds that it was in the public interest to do so. I welcome the decision to keep our borders strong and keep Australians safe,” he said.

“I thank the court for their prompt attention to these issues and the patience of everyone involved as we have worked to resolve this issue. It is now time to move on with the Australian Open and come back to enjoy tennis over the summer. “

Although Covid-19 cases are rising in Australia, the country has a high vaccination rate and its death toll from Covid-19 remains relatively low compared to other countries.

Last week, the country exceeded 1 million Covid cases over the entire pandemic – but more than half of them were in the last two weeks.

Sunday’s hastily convened federal court hearing considered whether Hawke’s decision to cancel Djokovic’s visa was “unreasonable”.

The 34-year-old Serbian tennis star challenged the immigration minister’s decision on three grounds, including that the minister failed to consider the consequences of canceling his visa.

Novak Djokovic admits breaking isolation while Covid positive

Djokovic’s lawyer Nick Wood said Hawke’s decision was “irrational” as the minister had failed to consider that the act itself could encourage anti-vaxxers – exactly what the government wanted to prevent.

But Stephen Lloyd, Hawke’s lawyer, said under Australia’s migration law that the minister did not have to prove that Djokovic was a risk to public health, just that he “might” be. He said Djokovic’s anti-wax attitudes were clear in that he was not vaccinated, despite having the opportunity to do so before arriving in Australia.

He added that the perception that Djokovic was against vaccination was enough to risk inciting anti-waxing in the country, and that the tennis star’s apparent breach of the Covid-19 rules meant there was a risk that others would emulate his actions and ignore public health orders.

Tennis Australia, the national governing body of tennis and organizer of the Australian Open, said it “respects the decision of the federal court” regarding Djokovic’s visa.

Djokovic has been replaced in the draw by the Italian Salvatore Caruso, who will meet the Serbian player Miomir Kecmanović.

The ATP described the decision to uphold the cancellation of Djokovic’s visa as “the end of a deeply regrettable series of events” and said his absence from the Australian Open was “a loss for the game.”

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