Novak Djokovic to be deported after losing Australian visa cancellation appeal

World No 1 will not be allowed to defend his Australian Open title when action gets underway at Melbourne Park on Monday

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

Novak Djokovic is to be deported from Australia after losing appeal against cancellation of visa over Covid-19 coronavirus entry requirements.

The verdict means the world No 1 will not be allowed to defend his Australian Open title when the action gets underway on Monday, denying his bid, for a few months at least, of winning a men's record 21st Grand Slam.

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.

Ruling on a case that has gripped Australia and the sporting world for more than a week, a three-judge bench of the Federal Court heard government lawyers' arguments that Djokovic's continued presence risked whipping up anti-vaccination sentiment during Australia's worst outbreak of Covid-19 since the pandemic began.

Alex Hawke, the immigration minister, 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.”

For Djokovic, his lawyers said Hawke took an “unreasonable approach” to assessing whether his deportation was in the public interest and cited no evidence that his presence may foster anti-vaccination sentiment, according to a court filing. The only evidence of protests referring to Djokovic’s were caused by the state canceling his visa the first time, barrister Nick Wood said in the hearing Sunday.

“Rightly or wrongly he is perceived to endorse an anti-vaccination view and his presence here is perceived to contribute to that,” Stephen Lloyd, acting for the government, told the court.

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

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

A medical exemption that allowed the Serb to enter the country without being vaccinated had sparked fury in Australia, and became a political issue for Prime Minister Scott Morrison, who has to call a federal election before May.

An opinion poll published by The Age newspaper on Sunday showed almost three quarters of Australians believe Djokovic should be sent home without playing in the Australian Open. Just 14% said he should be allowed to stay, the poll of 1607 people showed.

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.