Novak Djokovic can be deported and banned from Australia for three years despite winning visa battle


How Novak Djokovic could still be deported and banned from Australia for three years despite winning visa battle

  • Judge overturned federal government’s decision to cancel Djokovic’s visa
  • Minister Alex Hawke could use personal power under the Migration Act
  • Mr Hawke has four hours to decide on whether or not to use the power


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The Minister for Immigration is reportedly considering cancelling Novak Djokovic‘s visa despite a court ruling that he should be immediately released and allowed to play in the Australian Open

Minister Alex Hawke could use his personal power under the Migration Act to cancel the Serbian tennis player’s right to remain in Australia.

On Monday afternoon, Judge Anthony Kelly of the Federal Circuit Court overturned  the federal government’s decision to cancel Djokovic’s visa and ordered his immediate release from immigration detention. 

Novak Djokovic (pictured) has won his case over a cancelled Australian visa, but their could be another serve to come

Novak Djokovic (pictured) has won his case over a cancelled Australian visa, but their could be another serve to come

Novak Djokovic (pictured) has won his case over a cancelled Australian visa, but their could be another serve to come

Judge Kelly found the decision to cancel the visa was ‘unreasonable’.

Shortly after 5pm (Australian Eastern Daylight Time), Judge Kelly ordered that Djokovic be released and that his passport and all other personal items be returned to him.

Christopher Tan, a lawyer acting for the government, told the court Mr Hawke will now consider whether to exercise his ‘personal power of cancellation’ under section 133C(3). 

Mr Hawke reportedly has four hours to decide on whether or not to use the power.

If he does so, Djokovic could launch another challenge, as he did with the initial cancellation. 

But the cancellation power under section 133C(3) is very wide and more difficult to argue against.

If Mr Hawke uses this power, Djokovic could be banned from re-entering Australia for three years.

Fans (pictured) of Serbian tennis star Novak Djokovic react to news of his overturned visa cancellation ruling

Fans (pictured) of Serbian tennis star Novak Djokovic react to news of his overturned visa cancellation ruling

Fans (pictured) of Serbian tennis star Novak Djokovic react to news of his overturned visa cancellation ruling

Former Prime Minister has used Twitter to lambast current Prime Minister Scott Morrison over the Djokovic case.  

‘Morrison just lost his case against #Djokovic. Total incompetence! Like on everything else. 

‘If they seriously didn’t want him, why on earth did they give him a visa to fly here?

‘This was conceived as one giant distraction strategy when out in the real world people can’t get tested,’ Mr Rudd wrote. 

Australia's immigration minister Alex Hawke (pictured) could still cancel Djokovic's visa again

Australia's immigration minister Alex Hawke (pictured) could still cancel Djokovic's visa again

Australia’s immigration minister Alex Hawke (pictured) could still cancel Djokovic’s visa again

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