Novak Djokovic has broken his silence after his effort to overturn his visa cancellation at the Australian Federal Court was denied, saying he is ‘extremely disappointed’ to be barred from the Australian Open.
The world number one’s appeal was struck down unanimously by the court, making it all but impossible for any further challenges.
He is set to be deported from Australia as early as Sunday night, while his spot in the Australian Open draw will be taken by a lucky loser.
To rub further salt into the wound, Djokovic has been ordered to pay costs for the legal challenge.
Djokovic released a statement to the media on Sunday night, where he expressed a wish for the tennis world to ‘now focus on the game and tournament I love’.
“I will now be taking some time to rest and to recuperate, before making any further comments beyond this,” he said.
“I am extremely disappointed with the ruling to dismiss my application for judicial review of the decision to cancel my visa, which means I cannot stay in Australia and participate in the Australian Open.
“I respect the Court’s ruling and I’ll co-operate with the relevant authorities in relation to my departure from the country.
“I am uncomfortable that the focus of the past weeks has been on me and I hope that we can all now focus on the game and tournament I love. I would like to wish the players, tournament officials, staff, volunteers and fans all the best for the tournament.
“Finally I would like to thank my family, friends, team, supporters, fans and my fellow Serbians for your continued support.
“You have all been a great source of strength to me.”
Chief Justice James Allsopp confirmed that Immigration Minister Alex Hawke’s decision to cancel Djokovic’s visa was sound, saying it is ‘no part of the function of the court to decide upon the merits or wisdom of the decision’.
The three judges reached a unanimous decision, and will reveal their full decision at a later date.
Earlier, lawyers for Djokovic argued Hawke has misinterpreted media reports about the tennis star’s views on vaccination, and the level of support he receives from anti-vaxxers.
Djokovic’s lawyers said Hawke had not provided any evidence that his presence in Australia will encourage anti-vaccine sentiment.
The court case was wrapped up less than 24 hours before the start of the Australian Open, where Djokovic is top men’s seed. The first day playing scheduled was delayed as the court case proceeded.
His visa was cancelled for a second time late on Friday, with Hawke citing “health and good order grounds”.
Djokovic’s lawyers argued the cancellation of the tennis player’s visa for the second time was not legally valid. They said it was not open for the minister to find Djokovic was opposed to vaccination, that there was no evidence the tennis star’s presence would foster anti-vaccine sentiment, and that Hawke did not consider the effect of cancelling the visa on stoking that sentiment.
The Immigration Minister said Djokovic’s case failed on all three grounds, and lawyers argued Djokovic was “an icon for the anti-vaccination groups” and there was clear evidence of his views.
Djokovic’s lawyer, Nick Wood, told the Federal Court that Hawke had used reporting by the BBC and other outlets to support his claim Djokovic was opposed to vaccination.
(Photo by Diego Fedele/Getty Images)
But he said the minister ignored parts of the BBC article which suggested the cancellation of Djokovic’s visa could lead to more unrest within anti-vax circles.
Djokovic’s lawyers argued the minister should have considered the effect of cancelling the visa on anti-vaccination sentiment, rather than just the effect of allowing him to play.
The Immigration Minister’s lawyer, Stephen Lloyd, told the court it was not just media reports which demonstrated Djokovic’s attitudes towards vaccination.
“That he’s still unvaccinated reflects a choice on his part or remain unvaccinated when he could be vaccinated,” Mr Lloyd said.
He referred to an interview Djokovic did with L’Equipe two days after testing positive in December.
“Even when he knew he was infected and had received a positive test he undertook an interview and a photo shoot.”
Chief Justice Allsop said “it would be clear to anyone with common sense that cancelling the visa would cause overwhelming discord”.
Predictably the decision split fans, tennis insiders and legal minds.
WINSTON
Roar Rookie
????????
Ball Burster
Roar Rookie
That 93% is for over 16s. It's 75% for kids 11-16. Only 14% of kids under 11 have had a first dose.
AJ73
Roar Rookie
Actually that changed overnight according to reports. Anyone entering a public venue is now required to be fully vaccinated in France.
Censored Often
Roar Rookie
You could be right but who'd know. They're an odd lot over there.
RT
Roar Rookie
Well it was a particularly bad comment but I could tell somewhere along the line here you were up for rational discussion, i.e. you seem to be more about freedom and rights rather than a complete anti vax crackpot!
Peter Darrow
Roar Guru
Son of Coco Thanks, its been a pleasure. Remember to work on those issues of yours.
Peter Darrow
Roar Guru
Son of Coco You are getting really boring now. What is it with the left that you deny that you are lefties? It's quite shameful I suppose, so I would too. You mean the centre left? Unless you are a follower of his you have no idea who supports him. Congrats, you are truly showing your colours now. Always trust my instincts.
Son of Coco
Guest
That's the best you can do? Some quote from some random French psychology website? Hahaha. You really are stupid. I'm very comfortable knowing who I am, and I'm perfectly aware how unpleasant I must seem to you. I'm also quite aware how my insulting you impacts you...and I show no remorse. You are quite plainly, one of the least intelligent people I've encountered on this tab. Enjoy the ivermectin, buddy. I'm off.
Peter Darrow
Roar Guru
RichieTiger Yes, forgot about that! Oh well, maybe you and Son of Coco are cut from the same cloth.
Son of Coco
Guest
I’m a big Tucker Carlson fan, shock, horror I know! Not shocked at all. Stupid people like him, and since you are stupid.... Anyone of the sensible, intelligent right hates him.
Peter Darrow
Roar Guru
Son of Coco Those who insult people about a certain trait are usually hiding that very thing within themselves. "Those people who are unaware of how their behavior impacts others, we call grandiose narcissists or unconscious narcissists. They need to exalt themselves in any situation. To do this, they don’t hesitate in exploiting and insulting others. These people are arrogant, envious, aggressive, and are quick to attack when they perceive that their worth or position is questioned."
Peter Darrow
Roar Guru
Son of Coco You're just confirming everything now. God, I would love to know the "independents" you vote for! In my opinion not many are truly independent, or did you mean you are a swing voter? I'm a big Tucker Carlson fan, shock, horror I know! If you are a supporter of any of those three Biden, Clinton and AOC it just explains everything as to why you are such a rude, insulting person. What I say is also being voiced by many others around the world and in Australia but because of your belief system you cannot handle anyone who has a different opinion to you. But you would have no idea as to what others are saying really would you? Those horrible independent media people who are unafraid to seek the truth , and you watch ABC, SBS, Channel 7 or 9 I guess? Oh and by the way I don't watch Sky either, so don't bring that up.
RT
Roar Rookie
Well I did ask you elsewhere if you were stupid.
Mick Gold Coast QLD
Roar Guru
"If you are not happy with the powers that the ... minister has, you can express that dissatisfaction democratically ... or indeed run for public office yourself ... ." It is as simple as that Son of Coco, yes. I now have the time to peruse the valuable, pertinent comment here, there is so much available for those with curiosity to learn from, expressed in plain English - most impressive. What you have written above is a good example of that. :stoked:
Mick Gold Coast QLD
Roar Guru
Yes, that was made clear by knowledgeable commenters after the documents were lodged and before the hearing.
Mick Gold Coast QLD
Roar Guru
"For a law firm to advocate against clear constitutional powers in favour of their peer review is not surprising, but disappointing" Indeed it is, Kevin. The legal professionals are as untrustworthy and as unscrupulous as any politician, yet people have been under the illusion forever that they are icons of truth and honour! The predominant qualification in the parliaments is law, mostly in academic terms only. Very few have been tested by practise for any length of time. They live in a limited world and are not real good at decisions in the wider sphere. Long ago I was attempting to push a statutory authority to consent to some initiative of value to my evil oil / death dealing coal employer. I encountered Graham Richardson - it was not long after he jumped out (escaped!) in the mid '90s, we grew up in the same inner west of Sydney. I complained about having no minister with authority to lobby in WA. That sparked a long discussion, he reminded that when people no longer wanted ministers making decisions, the parties created authorities which buffered them. The same voters, too late, realised those bodies grew a life of their own and became immovable - they had not thought it through! Working with my wife's family activities in SE Asia also reinforced the value and simplicity of mutually beneficial good relations with the people who make decisions. :stoked:
Son of Coco
Guest
You'll also note below that Richie even has his limits with you. He - rightly - called you plain stupid and liked all my posts where I questioned your intelligence. No one likes or supports what you have to say, because it is stupid. Go away, read some books, gain some knowledge and come back a better more informed person. If you are going to keep pushing quackery and facebook based arguments, you are going to continue to be insulted.
Son of Coco
Guest
1. I told you before, I vote independent. I don't know why you like to arbitrarily chuck left/right tags on people 2. In any event, this idea that it's just the left insult is plain garbage. So, Alan Jones is just a font of good manners then. What did he say about Gillard..."chuck her into a chaff bag and toss her into the sea." I believe is what he said. Of Ardern..."shove a sock down her throat.". Shall we begin with what Andrew Bolt has said about people, or Peta Credlin? Perhaps we expand our horizons and look to what the right wing shock jocks in the US have to say? Indeed, look at all the charmingly lovely things Tucker Carlson has to say about Joe Biden, Hillary Clinton, AOC etc. 3. Your post and ridiculously biased accusation proved my point entirely. You are brainless. 4. I commend Richie for having the patience to be nice to you. That is a reflection on his kindness, not any reflection that you actually deserve it. I genuinely have no time for those who based arguments on fictions, furphies and lies....which is what you do. Respect needs to be earned. I will not respect someone who actively spouts lies.
Diesel-747
Roar Rookie
Good call AMD-
Peter Darrow
Roar Guru
Son of Coco Like I said, work on having a debate without getting insulting, it gives away your lefty tendencies. I wonder who you will vilify next, you don't appear to operate any other way.