MELBOURNE – Novak Djokovic’s hopes of playing astatine the Australian Open were dashed Sunday aft a tribunal dismissed the top-ranked tennis star’s entreaty against a deportation order.
Three Federal Court judges unanimously upheld a determination made connected Friday by Immigration Minister Alex Hawke to cancel the 34-year-old Serb’s visa connected nationalist involvement grounds.
The determination apt means that Djokovic, who is not vaccinated against COVID-19, volition stay successful detention successful Melbourne until helium is deported.
Deportation usually occurs arsenic soon arsenic imaginable aft an bid unless prevented by tribunal action. The authorities has not said erstwhile Djokovic volition leave.
A deportation bid besides usually includes a three-year prohibition connected returning to Australia.
Chief Justice James Allsop said the ruling came down to whether the minister's determination was "irrational oregon legally unreasonable.”
“It is nary portion of the relation of the tribunal to determine upon the merits oregon contented of the decision,” Allsop said.
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The sheet of judges did not supply written explanations for their determination connected Sunday. Those would beryllium released successful the coming days, Allsop said.
“This is not an entreaty against the determination of the enforcement government,” Allsop said. “It is an exertion to the tribunal arsenic a abstracted limb of the authorities ... to reappraisal ... the lawfulness oregon the legality of the (minister's) decision.”
Djokovic was besides ordered to wage the government's tribunal costs.
The tribunal process that Djokovic had hoped would to support his aspirations live for a 21st Grand Slam rubric was extraordinarily accelerated by Australian standards.
Within 3 hours of Hawke's announcement connected Friday day that Djokovic's visa was cancelled, his lawyers were earlier a Federal Circuit and Family Court justice to initiate their situation to the decision.
The lawsuit was elevated to the Federal Court connected Saturday and submissions were filed by some sides that aforesaid day.
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The 3 judges heard the lawsuit implicit 5 hours connected Sunday and announced their verdict 2 hours later.
Between the extremity of the proceeding and the verdict, Tennis Australia, the tournament's organizer, had announced that Djokovic was scheduled to play the past lucifer connected Monday astatine the Rod Laver Arena.
He was owed to play Miomir Kecmanovic, a chap Serb ranked 78th successful the world.
Tennis Australia had nary contiguous remark connected the prima player's ineligible defeat.
The curate cancelled the visa connected the grounds that Djokovic’s beingness successful Australia whitethorn beryllium a hazard to the wellness and “good order” of the Australian nationalist and “may beryllium counterproductive to efforts astatine vaccination by others successful Australia.”
Djokovic’s visa was initially cancelled connected Jan. 6 astatine Melbourne’s airdrome hours aft helium arrived to vie successful the archetypal Grand Slam of 2022.
A borderline authoritative cancelled his visa aft deciding Djokovic didn’t suffice for a aesculapian exemption from Australia’s rules for unvaccinated visitors.
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