Novak Djokovic visa: Australian Minister Alex Hawke says there is risk of ‘civil unrest’ behind cancellation | Novak Djokovic

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Tennis champion Novak Djokovic, who has been described as a threat to “civil unrest” and a “mascot of anti-vaccination sentiment”, may not have a chance to defend his Australian Open title, as he faces a three-year ban from the country before then. To challenge a final court of survival.

Australia’s immigration minister, Alex Hawke, has personally rescinded the world’s No 1 unvaccinated visa, arguing that his presence in Australia could spark “civil unrest” and encourage others to avoid being vaccinated against Covid-19.

Djokovic faces a federal court hearing on Sunday morning, Australian time, which will determine whether the minister acted unreasonably in revoking his visa.

Documents filed in court reveal the minister’s reasons sent to Djokovic to justify canceling his visa.

Hook said he accepted Djokovic’s latest infection with Covid-19 meant it was “little danger to those around him”, but “was seen by some as a mascot of a community of anti-vaccine sentiment”.

“I consider that Mr Djokovic’s continued presence in Australia may lead to an increase in anti-vaccination sentiment in the Australian community, which could lead to an increase in civil unrest of the kind previously seen in Australia with rallies and protests which may itself be a source of community transmission.”

“Mr. Djokovic … a person of influence and stature.

“Bearing in mind… Mr Djokovic’s behavior after receiving a positive result for Covid-19, and his stated opinions, as well as his unvaccinated status, I believe his continued presence in Australia may encourage others to disregard or act inconsistently with public health advice and policies in Australia.” “.

Djokovic’s visa has been revoked under the broad and extraordinary powers vested in the Australian Minister of Immigration under Section 133c(3) of the Australian Immigration Act, which was introduced in 2014 when Scott Morrison, the current Prime Minister, was Minister of Immigration.

After a visa is revoked under this clause, a person is prevented from returning to Australia for a period of three years, except in exceptional circumstances that “affect the interests of Australia or sympathetic or compelling circumstances affecting the interests of an Australian citizen”.

Hook said the consequences of Djokovic’s visa cancellation were “significant”.

“Mr. Djokovic travels regularly to Australia to compete in tennis tournaments…This visa cancellation may affect his ability to obtain a visa to enter Australia in the future.”

If the three-year ban against Djokovic is held, he will be 37 or 38 years old before he is allowed to return to Australia, to compete in a tournament he has won 9 times.

Djokovic’s legal team argued that the minister failed to consider that the government’s detention of Djokovic and his possible forced removal from Australia might also incite anti-vaccination sentiment.

In documents submitted to the court, Djokovic’s lawyers argued that the minister had taken a position that was “illogical and irrational, [and] An unreasonable approach to…a matter of public interest” and his private exercise of ministerial discretion.

“The Minister did not cite any evidence to support his finding that Mr Djokovic’s presence in Australia might ‘reinforce anti-vaccination sentiment’, and he was not open to the Minister coming to that conclusion.”

Immigration experts have questioned why, if the Australian government had concerns that Djokovic might inspire anti-vaccination sentiment in Australia, and this was not taken into account in the original decision to grant him a visa on November 18, or when his visa was first revoked at the airport.

Djokovic’s treatment sparked a fierce reaction in Serbia, where the Belgrade-born player is considered a national hero.

Serbia’s president, Aleksandar Vucic, took to social media to denounce “harassment” and a “political witch hunt” targeting “the best tennis player in the world”, while the foreign ministry said he had been “lured to Australia to humiliate”.

Djokovic’s visa saga has so far lasted 10 days, a distraction from rising Omicron case numbers shifting across Australia, testing shortages, food and other necessities, and the public health system under severe strain.

Djokovic arrived in Australia on the evening of January 5. He believed that the visa granted on November 18 and the exemption approved by the chief medical officer of the Australian Tennis Club and the Victorian Government’s independent panel of experts would be sufficient to enter Australia.

After a late-night questioning at Melbourne airport, Djokovic’s visa was initially revoked by a delegate from the Home Affairs Minister last Thursday, on the grounds that the recent Covid-19 infection in and of itself was not enough to be exempt from Australia’s stringent vaccination requirements.

The delegate concluded that Djokovic posed a public health risk since he had not been vaccinated.

But on Monday, a federal circuit court judge reinstated Djokovic’s visa, concluding that it was unreasonable for the Australian Border Force to hold back on a deal to give him more time at the airport to contact his legal team and process the exemption.

Government lawyers immediately placed the Australian Open top seed to notify the Minister of Immigration that the Minister of Immigration would consider exercising his personal power to cancel the visa again.

Djokovic has faced a nervous wait, with questions about his travel in the two weeks before arriving in Australia and attending events after his positive Covid diagnosis on December 16.

On Wednesday, Djokovic admitted his agent made an “administrative error” when he announced he had not traveled in the two weeks leading up to his trip to Australia and admitted an “error of judgement” by not being isolated after he tested positive for Covid. Hook said these were not important factors in his decision to cancel Djokovic’s visa, and he accepted Djokovic’s explanations.

Djokovic is currently in an immigration detention center in Melbourne. His case will be heard in Federal Court on Sunday morning Australian time. If he loses, he will face deportation from Australia.

The Australian Open starts on Monday.

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