Novak Djokovic 'extremely disappointed' after losing deportation appeal

World No 1 accepts chances of defending Australian Open title are over and that he will cooperate with authorities to depart country

Novak is appealing Immigration Minister Alex Hawke's use of discretionary powers to cancel his visa again on the grounds that he was a threat to public order because his presence would encourage anti-vaccination sentiment amidst Australia's worst outbreak of the virus. AFP

Serbian tennis player Novak Djokovic departs the Park Hotel while under immigration detention, to convene with his legal team after his visa to play in the Australian Open was cancelled a second time, in Melbourne, Australia, January 16, 2022. Reuters

Three Federal Court judges will decide the fate of the world No 1 after a rollercoaster 10 days that saw him detained by immigration authorities, released and then detained again ahead of a tournament that starts on Monday. Reuters

Supporters of Serbian tennis player Novak Djokovic gather outside the offices of Djokovic's legal team, as they listen to an audio court hearing. Getty Images

Supporters of tennis player Novak Djokovic wave national flags as they gather in front of Federal Court building in Melbourne. AFP

Goran Zabic, a Serbian supporter of tennis player Novak Djokovic, arrives in front of the office of Djokovic's lawyers on January 16, 2022 in Melbourne, Australia. Getty Images

Supporters of Serbian tennis player Novak Djokovic hold their flags outside the Federal Court building in Melbourne. AP Photo

Serbian tennis player Novak Djokovic departs the Park Hotel while under immigration detention, to convene with his legal team. Reuters

Serbian tennis player Novak Djokovic is photographed as he is transported from an Immigration Hotel in Melbourne. EPA

The Serb, 34, was escorted to his lawyers office by immigration officials to attend the virtual court hearing on Sunday morning, having spent Saturday night back in an immigration detention hotel in Melbourne. Getty Images

Media attempt to photograph Serbian tennis player Novak Djokovic as he is transported from an Immigration Hotel in Melbourne, Australia. EPA

Serbian tennis player Novak Djokovic departs the Park Hotel while under immigration detention. Reuters

Supporters of Serbian tennis player Novak Djokovic gather outside the offices of Djokovic's legal team on January 16, 2022 in Melbourne, Australia. Djokovic lost his attempt to overturn his deportation with the judges ruling unanimously to uphold the Australian government decision to cancel his visa. Getty Images

Members of the media wait outside the car park of the office of the legal team of Serbian tennis player Novak Djokovic. Getty Images

Supporters of Novak Djokovic hold national flags as they gather in front of Federal Court building . AFP

Latest: Novak Djokovic set to board flight to Dubai after losing Australian visa appeal

Novak Djokovic said he was disappointed that a court on Sunday dismissed his challenge to a deportation order and accepted his hopes of defending his Australian Open title were over.

The world No 1 released a statement shortly after three Federal Court judges unanimously upheld a decision made on Friday by Immigration Minister Alex Hawke to cancel the 34-year-old Serb’s visa on public interest grounds because he is not vaccinated against Covid-19.

“I am extremely disappointed with the Court ruling to dismiss my application for judicial review of the Minister’s decision to cancel my visa, which means I cannot stay in Australia and participate in the Australian Open,” Djokovic said.

“I respect the Court’s ruling and I will cooperate with the relevant authorities in relation to my departure from the country,” he added.

Djokovic said he was “uncomfortable” that the focus had been on him since his visa was first cancelled on arrival at Mebourne's airport on January 6.

“I hope that we can all now focus on the game and tournament I love,” he said.

The decision likely means that Djokovic, who is not vaccinated against Covid-19, will remain in detention in Melbourne until he is deported.

Deportation usually occurs as soon as possible after an order unless prevented by court action. The government has not said when Djokovic will leave.

A deportation order usually also includes a three-year ban on returning to Australia.

Chief Justice James Allsop said the ruling came down to whether the minister's decision was "irrational or legally unreasonable.”

Hawke welcomed the decision, saying: “Australia’s strong border protection policies have kept us safe during the pandemic, resulting in one of the lowest death rates, strongest economic recoveries, and highest vaccination rates in the world.

“Strong border protection policies are also fundamental to safe-guarding Australia’s social cohesion which continues to strengthen despite the pandemic,” he added.

Djokovic could potentially appeal to the High Court, but not in time for him to compete in the Australian Open, which begins Monday.

“I will now be taking some time to rest and to recuperate, before making any further comments beyond this,” he said.

The court process that Djokovic had hoped would keep his aspirations alive for a 21st Grand Slam title was extraordinarily fast by Australian standards.

Within three hours of Hawke's announcement on Friday afternoon that Djokovic's visa was canceled, his lawyers went before a Federal Circuit and Family Court judge to initiate their challenge to the decision. The case was elevated to the Federal Court on Saturday and submissions were filed by both sides that same day.

The three judges heard the case over five hours on Sunday and announced their verdict two hours later.

Djokovic, 34, has won the Australian Open the past three years and was a strong favourite to claim a record-extending 10th Melbourne Park crown.

The top seed was set to face Miomir Kecmanovic in his opening match at Rod Laver Arena on Monday.

Tennis Australia had no immediate comment on the star player's legal defeat.

Hawke cancelled the visa on the grounds that Djokovic’s presence in Australia may be a risk to the health and “good order” of the Australian public and “may be counterproductive to efforts at vaccination by others in Australia.”

Djokovic’s visa was initially cancelled on January 6 at Melbourne’s airport hours after he arrived to compete in the first Grand Slam of 2022.

A border official cancelled his visa after deciding Djokovic didn’t qualify for a medical exemption from Australia’s rules for unvaccinated visitors.

After spending four days in an immigration detention centre, Djokovic, 34, won his appeal after the court quashed the revocation before it was cancelled a second time on Friday.