UPDATED: Australian Open: Djokovic loses appeal, will now be deported

World No.1 Novak Djokovic lost his appeal against his visa cancellation by the Australian Minister of Immigration, Alex Hawke, on Sunday, after three judges heard the appeal and unanimously dismissed Djokovic’s appeal.

Mr Hawke, on Friday, cancelled the Serb’s visa on the grounds that Djokovic’s presence in the country could fan anti-Covid-19 views and protest.

In a statement, Hawke said, “Today [January 14] I exercised my power under section 133C(3) of the Migration Act to cancel the visa held by Mr Novak Djokovic on health and good order grounds, on the basis that it was in the public interest to do so.

“This decision followed orders by the Federal Circuit and Family Court on 10 January 2022, quashing a prior cancellation decision on procedural fairness grounds.”

With the visa cancellation, Djokovic will now be deported from Australia, where he has won a record nine Australian Open titles, including the last three, and could have gone ahead of both Roger Federer and Rafael Nadal in their three-way tie on 20 majors.

Trouble actually began for Djokovic on January 4 when he announced he would be defending his Australian Open title after receiving a vaccination exemption from the Australian government. This led to a backlash from the Australian public, who have been under one of the strictest Covid-19 regulations in the world.

Thus when Djokovic landed at the Tullamarine Airport in Melbourne, he was denied entry and detained. This was because the Australian government failed to sponsor the Serb’s visa. Acting sports minister Jaala Pulford confirmed the government did not support Djokovic’s visa application to compete in the Australian Open. Thereafter Djokovic was moved to a Covid-19 detention centre – the Park Hotel.

On Monday, January 10, Judge Anthony Kelly ruled that his visa cancellation should be revoked immediately and he be released immediately.

Djokovic’s counsel, Nicholas Wood, argued that the Serb met all necessary requirements for quarantine-free travel, and that border officials failed to give valid notice of the government’s intention to revoke his visa. He was pictured training with his name entered in the official draw, which scheduled his first appearance for January 17 against fellow Serb, Miomir Kecmanovic.

Unfortunately for the Serb and following continuous uproar by majority of Australians, Mr Hawke exercised ministerial powers to cancel his visa on Friday, which led to the quickfire appeal on Sunday, which he has now lost.

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All the brouhaha has caused a diplomatic row between Serbia and Australia with Serbian President Aleksandar Vucic saying the Australian government had humiliated themselves and not Djokovic.

“I think the Australian authorities humiliated themselves with these kind of procedures pressing against Novak Djokovic, 10 days of torturing him and after all, the terrible media campaign that was launched by them and by many others in the West was really something very terrible,” he said.

“And we wait for our Novak here. He is the world champion, but he is our champion. And of course, he’s in our hearts.”

Djokovic may also have shot himself in the foot for errors on his visa application which he admitted to as ‘human error’.

In a post on Instagram, Djokovic wrote: “On the issue of my travel declaration, this was submitted by my support team on my behalf – as I told immigration officials on my arrival – and my agent sincerely apologises for the administrative mistake in ticking the incorrect box about my previous travel before coming to Australia. This was a human error and certainly not deliberate.”

He added: “It is always an honour and a privilege to play in the Australian Open.”

If he is deported, Djokovic will be banned from entering Australia for three years, which could mean the Serb, 34, may be retired before he is next allowed entry into the country.

Australia’s Prime Minister, Scott Morrison, welcomed the court’s decision and said it will “keep our borders strong and keep Australians safe”.

Australian Open organisers have disclosed that a “Lucky Loser” – Italian player Salvatore Caruso – would fill Djokovic’s spot in the first round. The Australian Open is the first tennis Grand Slam of the year and serves off on January 17 at Melbourne Park.