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Thursday, May 8, 2025

Double-fault: Visa revoked again, Djokovic faces deportation

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1210 days ago
20220114
FILE - Defending men's champion Serbia's Novak Djokovic practices on Margaret Court Arena ahead of the Australian Open tennis championship in Melbourne, Australia, on Jan. 13, 2022. Tennis star Djokovic faces deportation again after the Australian government revoked his visa for a second time. Immigration Minister Alex Hawke said Friday, Jan. 14, he used his ministerial discretion to revoke the 34-year-old Serb’s visa on public interest grounds three days before the Australian Open is to begin.(AP Photo/Mark Baker, File)

FILE - Defending men's champion Serbia's Novak Djokovic practices on Margaret Court Arena ahead of the Australian Open tennis championship in Melbourne, Australia, on Jan. 13, 2022. Tennis star Djokovic faces deportation again after the Australian government revoked his visa for a second time. Immigration Minister Alex Hawke said Friday, Jan. 14, he used his ministerial discretion to revoke the 34-year-old Serb’s visa on public interest grounds three days before the Australian Open is to begin.(AP Photo/Mark Baker, File)

By JOHN PYE and ROD McGUIRK-As­so­ci­at­ed Press

 

MEL­BOURNE, Aus­tralia (AP) — No­vak Djokovic faces de­por­ta­tion again af­ter the Aus­tralian gov­ern­ment re­voked his visa for a sec­ond time, the lat­est twist in the on­go­ing saga over whether the No. 1-ranked ten­nis play­er will be al­lowed to com­pete in the Aus­tralian Open de­spite be­ing un­vac­ci­nat­ed for COVID-19.

Im­mi­gra­tion Min­is­ter Alex Hawke said Fri­day he used his min­is­te­r­i­al dis­cre­tion to can­cel the 34-year-old Serb’s visa on pub­lic in­ter­est grounds — just three days be­fore play be­gins at the Aus­tralian Open, where Djokovic has won a record nine of his 20 Grand Slam ti­tles.

Djokovic’s lawyers were ex­pect­ed to ap­peal at the Fed­er­al Cir­cuit and Fam­i­ly Court, which they al­ready suc­cess­ful­ly did last week on pro­ce­dur­al grounds af­ter his visa was first can­celed when he land­ed at a Mel­bourne air­port.

A court hear­ing Fri­day night heard Djokovic would not be de­tained or de­port­ed overnight, but would have to at­tend a meet­ing with his lawyers and im­mi­gra­tion of­fi­cials in Mel­bourne at 8 a.m. lo­cal time Sat­ur­day.

De­por­ta­tion from Aus­tralia can lead to a three-year ban on re­turn­ing to the coun­try, al­though that may be waived, de­pend­ing on the cir­cum­stances.

Hawke said he can­celed the visa on “health and good or­der grounds, on the ba­sis that it was in the pub­lic in­ter­est to do so.” His state­ment added that Prime Min­is­ter Scott Mor­ri­son’s gov­ern­ment “is firm­ly com­mit­ted to pro­tect­ing Aus­tralia’s bor­ders, par­tic­u­lar­ly in re­la­tion to the COVID-19 pan­dem­ic.”

Mor­ri­son him­self wel­comed Djokovic’s pend­ing de­por­ta­tion. The whole episode has touched a nerve in Aus­tralia, and par­tic­u­lar­ly in Vic­to­ria state, where lo­cals went through hun­dreds of days of lock­downs dur­ing the worst of the pan­dem­ic and there is a vac­ci­na­tion rate among adults of more than 90%.

Aus­tralia is cur­rent­ly fac­ing a mas­sive surge in virus cas­es dri­ven by the high­ly trans­mis­si­ble omi­cron vari­ant. On Fri­day, the na­tion re­port­ed 130,000 new cas­es, in­clud­ing near­ly 35,000 in Vic­to­ria state. Al­though many in­fect­ed peo­ple aren’t get­ting as sick as they did in pre­vi­ous out­breaks, the surge is still putting se­vere strain on the health sys­tem, with more than 4,400 peo­ple hos­pi­tal­ized. It’s al­so caus­ing dis­rup­tions to work­places and sup­ply chains.

“This pan­dem­ic has been in­cred­i­bly dif­fi­cult for every Aus­tralian but we have stuck to­geth­er and saved lives and liveli­hoods. ... Aus­tralians have made many sac­ri­fices dur­ing this pan­dem­ic, and they right­ly ex­pect the re­sult of those sac­ri­fices to be pro­tect­ed,” Mor­ri­son said in a state­ment. “This is what the Min­is­ter is do­ing in tak­ing this ac­tion to­day.”

Every­one at the Aus­tralian Open — in­clud­ing play­ers, their sup­port teams and spec­ta­tors — is re­quired to be vac­ci­nat­ed for the ill­ness caused by the coro­n­avirus. Djokovic is not in­oc­u­lat­ed and had sought a med­ical ex­emp­tion on the grounds that he had COVID-19 in De­cem­ber.

That ex­emp­tion was ap­proved by the Vic­to­ria state gov­ern­ment and Ten­nis Aus­tralia, ap­par­ent­ly al­low­ing him to ob­tain a visa to trav­el. But the Aus­tralian Bor­der Force re­ject­ed the ex­emp­tion and can­celed his visa when he land­ed in Mel­bourne on Jan. 5.

Djokovic spent four nights in an im­mi­gra­tion de­ten­tion ho­tel be­fore a judge on Mon­day over­turned that de­ci­sion. That rul­ing al­lowed Djokovic to move freely around Aus­tralia and he has been prac­tic­ing at Mel­bourne Park dai­ly to pre­pare to play in a tour­na­ment he has won each of the past three years.

He had a prac­tice ses­sion orig­i­nal­ly sched­uled for mid-af­ter­noon Fri­day at Rod Laver Are­na, the tour­na­ment’s main sta­di­um, but pushed that to the morn­ing and was fin­ished sev­er­al hours be­fore Hawke’s de­ci­sion was an­nounced in the ear­ly evening.

Af­ter the visa can­cel­la­tion from Hawke, me­dia start­ed gath­er­ing out­side the build­ing where Djokovic re­port­ed­ly was meet­ing with his lawyers.

An Aus­tralian Open spokes­woman said tour­na­ment or­ga­niz­ers did not have any im­me­di­ate com­ment on the lat­est de­vel­op­ment in Djokovic’s sit­u­a­tion, which has over­shad­owed all oth­er sto­ry lines head­ing in­to the year’s first Grand Slam event.

“It’s not a good sit­u­a­tion for any­one,” said Andy Mur­ray, a three-time Grand Slam cham­pi­on and five-time run­ner-up at the Aus­tralian Open. “Just want it ob­vi­ous­ly to get re­solved. I think it would be good for every­one if that was the case. It just seems like it’s dragged on for quite a long time now — not great for the ten­nis, not great for the Aus­tralian Open, not great for No­vak.”

Ten­nis Aus­tralia an­nounced that nine play­ers would hold pre-tour­na­ment news con­fer­ences Sat­ur­day, and Djokovic’s name was not on the list.

With his le­gal sit­u­a­tion still in lim­bo, Djokovic was placed in the tour­na­ment brack­et in Thurs­day’s draw, slat­ed to face Miomir Kec­manovic in an all-Ser­bian matchup in the first round.

Ac­cord­ing to Grand Slam rules, if Djokovic is forced to pull out of the tour­na­ment be­fore the or­der of play for Day 1 is an­nounced, No. 5 seed Rublev would move in­to Djokovic’s spot in the brack­et and face Kec­manovic.

If Djokovic with­draws from the tour­na­ment af­ter Mon­day’s sched­ule is re­leased, he would be re­placed in the field by what’s known as a “lucky los­er” — a play­er who los­es in the qual­i­fy­ing tour­na­ment but gets in­to the main draw be­cause of an­oth­er play­er’s ex­it be­fore com­pe­ti­tion has start­ed.

And if Djokovic plays in a match — or more — and then is told he can no longer par­tic­i­pate in the tour­na­ment, his next op­po­nent would sim­ply ad­vance to the fol­low­ing round and there would be no re­place­ment.

Mel­bourne-based im­mi­gra­tion lawyer Kian Bone said Djokovic’s lawyers face an “ex­treme­ly dif­fi­cult” task to get court or­ders over the week­end to al­low their client to play next week.

Speak­ing hours be­fore Hawke’s de­ci­sion was an­nounced, Bone said: “If you left it any lat­er than he has done now, I think from a strate­gic stand­point, he’s re­al­ly ham­string­ing Djokovic’s le­gal team, in terms of what sort of op­tions or reme­dies he could ob­tain.”

Djokovic’s lawyers would need to go be­fore a du­ty judge of the Fed­er­al Cir­cuit and Fam­i­ly Court, or a high­er judge of the Fed­er­al Court, to get two ur­gent or­ders. One or­der would be an in­junc­tion pre­vent­ing his de­por­ta­tion, such as what he won in court last week.

The sec­ond would force Hawke to grant Djokovic a visa to play.

“That sec­ond or­der is al­most not prece­dent­ed,” Bone said. “Very rarely do the courts or­der a mem­ber of the ex­ec­u­tive gov­ern­ment to grant a visa.”

McGuirk re­port­ed from Can­ber­ra, Aus­tralia.

 

COVID-19Tennis


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