Novak Djokovic has had his visa cancelled for a second time
Djokovic has been ordered to attend an interview with immigration officials in Melbourne on Saturday morning, after which he will be formally detained, following a late-night court hearing on Friday.
The Federal Circuit Court hearing was urgently called after Immigration Minister Alex Hawke's decision to cancel Djokovic's visa on "health and good order grounds" was announced on Friday evening.
The minister had been considering cancelling the visa since Monday, after Djokovic successfully challenged an earlier decision by Border Force officials to cancel it when he arrived in Melbourne unvaccinated.
The ongoing uncertainty about Djokovic's visa sparked protests in Melbourne and Belgrade, and prompted Serbian Prime Minister Ana Brnabić to guarantee Djokovic would respect local rules if he was allowed to compete at the Australian Open, where he was aiming to defend his title and secure a record 21st grand slam.
His legal team told the Federal Circuit Court that the minister's reasons for cancelling the visa were "patently irrational" and in "stark contrast" to the reasons that were given the first time his visa was cancelled.
Djokovic's lawyer, Nick Wood, said Mr Hawke had cancelled the visa on the grounds that allowing Djokovic to stay in Australia would excite "anti-vax sentiment" in the community.
Mr Wood said the minister's reasons were "patently irrational" and did not consider that deporting Mr Djokovic could also stir up anti-vax sentiment.
"The reasons of the minister stand in stark contrast to the reasons that the [Australian Border Force] delegate at the airport was saying," Mr Wood told the court
He said the minister had in fact found Mr Djokovic had complied with the law, was an individual of good standing, and that he only posed a "negligible" risk to the Australian community.
The matter has been transferred to the Federal Court, where another hearing is scheduled for 10:15am on Saturday.
Visa cancelled 'in the public interest'
Mr Hawke said he had cancelled the 34-year-old's visa for a second time on "health and good order grounds, on the basis that it was in the public interest to do so".
"In making this decision I carefully considered information provided to me by the Department of Home Affairs, the Australian Border Force and Mr Djokovic," he said.
"The Morrison government is firmly committed to protecting Australia's borders, particularly in relation to the COVID-19 pandemic.
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