Novak Djokovic has flown out of Australia after the Federal Court upheld the government's decision to cancel the tennis star's visa.
Novak Djokovic wears a face mask as he arrives at the lawyer's office in Melbourne on 16 January 2022. Photo: AFP
Immigration Minister Alex Hawke announced on social media that the world's number one men's tennis player had left the country.
His flight out of Melbourne ended a dramatic 11 days in which the Serbian had his visa to Australia revoked twice.
The second time came when Hawke used his powers as Immigration Minister to cancel Djokovic's visa, after lawyers for the world number one overturned the original decision by Australian Border force.
A judicial review of Hawke's decision to cancel the Serbian's visa was heard by the full bench of the Federal Court on Sunday.
In a short hearing just before 6pm AEDT, the court ruled against Djokovic. It was a unanimous decision of the three judges.
The Serbian star, released a statement shortly after the decision saying he was "extremely disappointed" with the ruling.
"I respect the court's ruling and I will cooperate with the relevant authorities in relation to my departure from the country," he said.
"I am uncomfortable that the focus of the past weeks has been on me and I hope that we can all now focus on the game and tournament I love. I would like to wish the players, tournament officials, staff, volunteers and fans all the best for the tournament."
Chief Justice James Allsop stressed the court was ruling on the lawfulness and legality of the decision, not whether it was the right decision.
"It is no part of the function of the court to decide upon the merits or wisdom of the decision," the judge said.
He said the court would not be in a position to deliver its reasons today.
Djokovic was ordered to pay costs.
Hawke, took to social media just before 11pm AEDT on Sunday to confirm Djokovic had left Australia.
"I welcome today's unanimous decision by the Full Federal Court of Australia, upholding my decision to exercise my power under the Migration Act to cancel Mr Novak Djokovic's visa in the public interest," he said.
"I can confirm that Mr Djokovic has now departed Australia."
I welcome today’s unanimous decision by the Full Federal Court of Australia, upholding my decision to exercise my power under the Migration Act to cancel Mr Novak Djokovic’s visa in the public interest.
— Alex Hawke MP (@AlexHawkeMP) January 16, 2022
I can confirm that Mr Djokovic has now departed Australia. pic.twitter.com/8CapwFeDCS
The world number one had been listed to play fellow Serbian Miomir Kecmanovic on Rod Laver Arena.
He will now be replaced by a so-called "lucky loser", randomly drawn from the four highest ranked players who lost in the final round of qualifying.
There will be no change to seeds or the rest of the playing schedule.
Arguments pinned on anti-vax sentiment
The court decision is the culmination of a weeks-long saga over the Serb's visa.
The men's world number one arrived in Australia just before midnight on 5 January, had his visa cancelled by Border Force officials shortly after, then had it reinstated by a Federal Circuit Court judge in a hearing last Monday.
Late on Friday, the minister cancelled Djokovic's visa for a second time, citing "health and good order grounds".
Novak Djokovic wears a face mask as he arrives at the lawyer's office in Melbourne on 16 January 2022. Photo: AFP
Djokovic's lawyer's disputed that decision, taking it to court for judicial review.
In the Federal Court on Sunday, Djokovic's lawyers accused the minister of producing no evidence to back his claim that Djokovic's presence in Australia would incite anti-vaccination sentiment. They also argued it was irrational, illogical or unreasonable for the minister not to consider that deporting Djokovic could whip up the same sentiment.
Djokovic's lawyer Nick Wood said Hawke had misinterpreted media reports about Djokovic's views on vaccination, and the level of support he receives from anti-vaccination groups.
He was particularly critical of the minister's reliance on a BBC article as evidence Djokovic opposed vaccines. He argued the article was written before vaccines were available, and it actually showed Djokovic had an open mind and did not believe himself to be an expert. He criticised the minister's failure to ask Djokovic himself about his views.
But the minister's legal team argued there was ample evidence of Djokovic's "well-known stance" on vaccination - including the fact he had refused to get vaccinated himself - and that the minister had no obligation to ask Djokovic about his views.
They said Djokovic could not prove the minister had not considered the possibility that deporting him could also stir up anti-vaccination sentiment, and even if he did not consider that outcome, that would not amount to an error on his part.
Prime Minister Scott Morrison thanked the court for its prompt dealing with the matter.
"Strong borders are fundamental to the Australian way of life, as is the rule of law," he said.
"Our government has always understood this and has been prepared to take the decisions and actions necessary to protect the integrity of our borders."
But the opposition said the drawn-out saga was preventable and embarrassing.
"Scott Morrison has made himself a laughing stock on the world stage through a litany of failures," Shadow Home Affairs Minister Kristina Keneally said.
"He and his government mishandled Novak Djokovic's case, undermined Australia's border security settings, and provided a lightning rod for the anti-vaccination movement.
As the decision was delivered, Djokovic fans huddled outside the Federal Court to watch on via YouTube.
- ABC
