THE MEDICO-POLITICO-LEGAL SAGA AROUND unvaccinated Novak Djokovic’s last ditch appeal against a second visa cancellation ended quietly with the world’s No.1 tennis player leaving Melbourne’s Tullamarine airport late Sunday local time on an Emirates flight bound for Dubai.
Shorn of all the hype and hoopla around him, in the end Djokovic’s deportation boiled down to the fact that while the court did not endorse the Australian government’s decision to cancel his visa a second time, it ruled the action as legal under rules that give the country’s Immigration Minister Alex Hawke exceptional and almost unquestionable executive power.
With elections on the horizon, the country’s conservative government, soundly defeated once in the courts, invoked extraordinary executive powers to cancel the visa of tennis’ World No.1 and (now former) top seed at this week’s Australian Open for a second time on Friday, citing “health and good order” grounds.
Before departing, an “extremely disappointed” Djokovic said he would comply with a unanimous Federal Court decision to uphold his visa cancellation over fears he could stoke anti-vaccine sentiment. “I cannot stay in Australia and participate in the Australian Open,” he said on the eve of a tournament that he has dominated for a decade.
“I hope that we can all now focus on the game and tournament I love.”
AFP reports that just hours earlier, in a few dry words, the chief justice of Australia’s Federal Court, James Allsop, dispensed with the unvaccinated tennis superstar’s attempt to reinstate his cancelled visa and to make tennis history by claiming an unprecedented tenth Australian Open and 21st Grand Slam title.
“The orders of the court are that the amended application be dismissed with costs,” Allsop said in understated remarks that ended a week of legal high drama.
In making its case, government lawyer Stephen Lloyd said the fact Djokovic was not vaccinated two years into the pandemic and had repeatedly ignored safety measures – including failing to isolate while Covid-19 positive – was evidence enough of his anti-vaccine views, AFP further reports.
“He has now become an icon for the anti-vaccination groups,” Lloyd said. “Rightly or wrongly he is perceived to endorse an anti-vaccination view and his presence here is seen to contribute to that.”
In a written submission the government also pointed out that Djokovic chose not to give evidence at the hearing.
“He could set the record straight if it needed correcting. He has not – that has important consequences.”
French tennis writer Carole Bouchard delivered a withering rant at the Australian government.
“The way Djokovic has been treated since winning the first appeal is an utter disgrace,” Bouchard tweeted.
“He is not a threat to Australia. He didn’t come here to excite any unvaxxed movement whatsoever. They perfectly know it.
“Yet after a week of not being able to ensure they’d win on the basis of this exemption administrative mess, and also to avoid having to again say that yes the Australian authorities had created that process, they pick a procedure where you don’t even have to bring evidence of what you’re accusing the person of.
“He’s being deported for a sentiment he might create in others.
“The extremities they’ve gone to avoid losing face are shocking. But for a gov that has prevented its own people from returning to their country during a freaking pandemic, I guess nothing should be surprising anymore.
“Unreal twisting of the law here. Unreal treatment inflicted to their 9 time champion after all he did for the event and the city. Shameful. Dark ages all around.”
Australian tennis great Rennae Stubbs wrote: “It’s official. The 9 time defending champion will be deported from Australia. This is a sad sad day for tennis, Australia, the Australian Open and obviously for @DjokerNole. I honestly cannot believe it’s come to this….”
British journalist Dawn Neesom wrote: “So Australian Government said allowing Djokovic to play would make him an anti-vax hero.
“But by deporting him and potentially banning him for 3 years they’ve made him a martyr. “What a mess.”
A mess it certainly is. And blame should be squarely apportioned at the door of the Australian government. There is no denying that Djokovic was trying to “game the system”. But he did it using perfectly legal means. The fact that the Australian government had to use extra-judicial powers to revoke his visa a second time says it all.
Related report
Novak mounts last-ditch legal challenge as Oz again cancels visa
