Federal Court reveals why it upheld decision to cancel Djokovic's visa for second time

Posted by
Check your BMI

The Federal Court of Australia ruled to uphold the cancellation of Novak Djokovic's visa for the second time because Immigration Minister Alex Hawke's decision to deport him was found to be lawful.

The reasons for the judgment, published this afternoon, stated the court does not "consider the merits or wisdom" of the decision, nor does it "remake the decision".

"The task of the Court is to rule upon the lawfulness or legality of the decision by reference to the complaints made about it," the judgment read.

READ MORE: Djokovic takes majority stake in company developing COVID-19 treatment

Prime Minister Scott Morrison has not ruled out Novak Djokovic returning to Australia at a future date.

toonsbymoonlight

Djokovic's lawyers had unsuccessfully argued Mr Hawke's decision to cancel the visa on Friday was "illogical, irrational and unreasonable".

The court judgment stated the Immigration Minister may cancel a visa if "he or she is satisfied that presence of its holder in Australia may be a risk to the health or good order of the Australian community".

Mr Hawke reached a "state of satisfaction" to cancel the tennis star's visa on grounds that cannot be deemed as "irrational or illogical or not based on relevant material", the judgment said.

"Whether or not others would have formed that state of satisfaction and the state of satisfaction as to the public interest is a consideration not to the point," it read.

The Federal Court judges also backed Mr Hawke's finding that Djokovic was opposed to vaccination.

The tennis star's lawyers had argued the minister had failed to ask about Djojovic's view on vaccination.

"We reject the proposition that it was not open to the Minister to find or conclude that Mr Djokovic had a stance that was well-known on vaccination and that he was opposed to it," the judgment read.

"Further, there was no issue but that Mr Djokovic was not, by January 2022, vaccinated.

"It was plainly open to the Minister to infer that Mr Djokovic had for over a year chosen not to be vaccinated since vaccines became available.

"That he had a reason not to have a vaccination at the time of the decision in January 2022, apparently having contracted COVID-19 on or about 16 December 2021, did not say anything as to the position for the many months from the availability of vaccines to December 2021.

"It was plainly open to the Minister to infer that Mr Djokovic had chosen not to be vaccinated because he was opposed to vaccination or did not wish to be vaccinated."

Following the ruling on Sunday, Djokovic issued a statement saying he was "extremely disappointed" by the Federal Court's rejection of his appeal, which ended his hope to play in the Australian Open.

The tennis star has now returned to his home country of Serbia.

Source: 9News