Novak Djokovic leaves Australia after court rejects visa challenge
Tennis star Novak Djokovic has left Australia without contesting the Australian Open after losing a legal challenge against a decision revoking his visa for the second time.
Djokovic departed on an Emirates flight from Melbourne on Sunday, bound for Dubai.
In a virtual hearing earlier on Sunday, three Federal Court judges unanimously dismissed Djokovic's application to overturn the immigration minister's decision to cancel his visa, but did not publish reasons for the ruling.
"I thank the Court for their prompt attention to these issues and the patience of all involved as we have worked to resolve this issue. It's now time to get on with the Australian Open and get back to enjoying tennis over the summer."
Although Covid-19 cases are rising in Australia, the country has a high rate of vaccination and its death toll from Covid-19 remains relatively low compared to other countries.
Last week the country surpassed 1 million Covid cases over the entire pandemic -- but more than half of those were in the last two weeks.
What happened in court?
Sunday's hastily convened Federal Court hearing considered whether Hawke's decision to cancel Djokovic's visa was "unreasonable."
The 34-year-old Serbian tennis star challenged the immigration minister's decision on three grounds, including that the minister failed to properly consider the consequences of canceling his visa.
Djokovic's barrister Nick Wood said Hawke's decision was "irrational" as the minister had failed to consider that the act itself could galvanize anti-vaxxers -- the very thing the government wanted to prevent.
But Stephen Lloyd, the lawyer for Hawke, said under Australia's Migration Law the minister didn't need to prove Djokovic was a risk to public health, just that he "might" be.
He said Djokovic's anti-vax attitudes were apparent by his failure to be vaccinated, despite having an opportunity to do so before arriving in Australia.
He added that the perception that Djokovic opposed vaccination was enough to risk inciting anti-vaxxers in the country, and that the tennis star's apparent disregard for Covid-19 rules meant there was a risk others would emulate his actions and ignore public health orders.
Tennis Australia, the national governing body for tennis and organizer of the Australian Open tournament, said it "respects the decision of the Federal Court" regarding Djokovic's visa.
Djokovic has been replaced in the draw by Italian Salvatore Caruso, who will face Serbian player Miomir Kecmanović.
The ATP described the decision to uphold the cancellation of Djokovic's visa as "the end of a deeply regrettable series of events" and said his absence from the Australian Open was "a loss for the game."
A long-running saga
The saga began nearly two weeks ago, when Djokovic's visa was first revoked shortly after his arrival on January 5.
Under current Australian laws, all international arrivals are required to be vaccinated against Covid-19 -- which Djokovic is not -- unless they have a medical exemption.
Djokovic said he was under the impression he could enter because two independent panels associated with Tennis Australia and the Victorian state government had granted him an exemption on the grounds that he had been infected with Covid-19 in December.
The federal government argued that, under its rules, previous infection with Covid-19 is not a valid reason for an exemption.
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