
Novak Djokovic loses chance to defend Australian Open title as court upholds deportation
CBC
Novak Djokovic's hopes of playing at the Australian Open were dashed Sunday after a court dismissed the top-ranked tennis star's appeal against a deportation order.
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.
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 also usually 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."
"It is no part of the function of the court to decide upon the merits or wisdom of the decision," Allsop said.
The panel of judges did not provide written explanations for their decision on Sunday. Those would be released in the coming days, Allsop said.
"This is not an appeal against the decision of the executive government," Allsop said. "It is an application to the court as a separate arm of the government ... to review ... the lawfulness or the legality of the (minister's) decision."
Djokovic was also ordered to pay the government's court costs.
In a statement published in the Australian media, Djokovic expressed disappointment with the ruling but said he respected the court's decision, would co-operate with the authorities "in relation to my departure from the country," and that he planned to take time out "to rest and to recuperate."
"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," the statement said. "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.
"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."
The court process that Djokovic had hoped would to keep his aspirations alive for a 21st Grand Slam title was extraordinarily fast by Australian standards.