Three Federal Court judges Sunday upheld a decision made Friday by Australia’s Immigration Minister Alex Hawke to cancel the 34-year-old Serb’s visa on public interest grounds, meaning he will not be able to compete at the Australian Open tournament on Monday.
Djokovic, hoping to win his 21st grand slam tournament, had been set to play against his fellow Serb, Miomir Kecmanovic, the No. 76 player in the world. An unseeded player will now replace him in the draw.
Chief Justice James Allsop said the Federal Court ruling was based on the lawfulness and legality of the minister’s decision in the context of the three grounds of appeal Djokovic’s team lodged.
“It is no part of the function of the court to decide upon the merits or wisdom of the decision,” Allsop said, adding the decision was unanimous among the three judges. Full reasoning behind the decision would be released in coming days, he said.
A deportation order usually also includes a three-year ban on returning to Australia.
Court filings made earlier this week confirmed Djokovic, 34, is unvaccinated, and he has said the matter was one of personal choice.
Australian border restrictions currently allow entry only to non-Australian travelers who are fully vaccinated, but the Serbian star has argued he received a medical exemption to enter the country because he had been diagnosed with Covid-19 in his homeland last month and had since recovered.
He admitted Wednesday, however, that his travel form to get into Australia included a false statement and that he had failed to immediately isolate after testing positive, adding to the scrutiny from Australian officials and the world’s media.
Djokovic saw the visa first revoked last week after his claim of a medical exemption was rejected by border officials when he arrived in Melbourne.
He later won a legal appeal that allowed him to stay in the country and practice even as the threat of deportation hung over his head.
He spent four days in immigration detention among asylum seekers and undocumented migrants as he awaited the verdict on the appeal. The court decision did not make a ruling on whether his reason for the medical exemption was valid.
Hawke, the immigration minister, canceled the unvaccinated tennis star’s visa for a second time on Friday. He said in a statement early Friday that he had used his discretionary powers to do so “on the basis that it was in the public interest to do so.”
Djokovic was a person of influence and status, and his “ongoing presence may lead to an increase in anti-vaccination sentiment generated in the Australian community,” he added.
Djokovic’s lawyer Nick Wood also said the minister had failed to take into account how deporting Djokovic might “galvanize anti-vax activists, as happened when Djokovic faced deportation shortly after arriving in Melbourne on Jan. 5.
Djokovic supporters had called for a boycott of the Australian Open.
Lloyd said Hawke realized that canceling Djokovic’s visa “would result in some level of unrest.” But the minister’s concerns about the consequences of the Serb staying were greater.
The saga around Djokovic has left many Australians outraged as an outbreak of the more transmissible omicron variant fuels record-high levels of infections. The country reported 86,288 new infections on Saturday, as its first-dose vaccination rate reached 95 percent.
Dennis Romero and The Associated Press contributed.