Novak Djokovic has lost a bid to stay in Australia after the Federal Court upheld the government's decision to cancel the tennis star's visa.
The Federal Court hearing, expedited to take place the day before the Australian Open begins, is the culmination of a weeks-long saga over the Serb's visa.
The men's world number one arrived in Australia just before midnight on January 5, had his visa cancelled by Border Force officials shortly after, then had it reinstated by a Federal Circuit Court judge in a hearing last Monday.
Late on Friday, Immigration Minister Alex Hawke cancelled Djokovic's visa for a second time, citing "health and good order grounds".
Djokovic's lawyer's disputed that decision, taking it to court for judicial review.
The full bench of the federal court this evening ruled against Djokovic.
In the Federal Court today, Djokovic's lawyers accused the minister of producing no evidence to back his claim that Djokovic's presence in Australia would incite anti-vaccination sentiment. They also argued it was irrational, illogical or unreasonable for the minister not to consider that deporting Djokovic could whip up the same sentiment.
Djokovic's lawyer Nick Wood said Mr Hawke had misinterpreted media reports about Djokovic's views on vaccination, and the level of support he receives from anti-vaccination groups.
He was particularly critical of the minister's reliance on a BBC article as evidence Djokovic opposed vaccines. He argued the article was written before vaccines were available, and it actually showed Djokovic had an open mind and did not believe himself to be an expert. He criticised the minister's failure to ask Djokovic himself about his views.
But the minister's legal team argued there was ample evidence of Djokovic's "well-known stance" on vaccination — including the fact he had refused to get vaccinated himself – and that the minister had no obligation to ask Djokovic about his views.
They said Djokovic could not prove the minister had not considered the possibility that deporting him could also stir up anti-vaccination sentiment, and even if he did not consider that outcome, that would not amount to an error on his part.
Federal Court rules on Novak Djokovic's legal fight against visa cancellation (msn.com)
Will they keep him out for the three years?
Personally, I applaud the decision.
