Leslie Massey
In January 2022, Novak Djokovic's visa was cancelled by the Australian government, who cited the unvaccinated tennis player's potential to excite anti-vaccination sentiment in Australia. The decision was made after a series of events that included Djokovic's positive COVID-19 diagnosis, his travel between Serbia and Spain, and his arrival in Melbourne to compete in the Australian Open. Following his deportation, Djokovic considered suing the Australian government for millions of dollars, with reports claiming that he was in talks with lawyers about suing for A$6 million on the grounds of ill-treatment. However, Tennis Australia's chief, Craig Tiley, has since dismissed these claims, stating that Djokovic will not be taking legal action and will return for the 2023 Australian Open.
| Characteristics | Values |
|---|---|
| Person | Novak Djokovic |
| Country | Australia |
| Reason | Ill-treatment during his last stay in Melbourne |
| Amount | A$6 million |
| Other reasons | Djokovic's unvaccinated status, potential incitement of anti-vaccination sentiment, and alleged Covid breaches |
| Current status | Tennis Australia chief Craig Tiley has dismissed suggestions that Djokovic is suing the organisation |
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What You'll Learn
Djokovic's visa cancellation
Novak Djokovic's visa cancellation and subsequent deportation from Australia in January 2022 sparked widespread controversy and speculation about potential legal action against the Australian government. The saga began when Djokovic, who was unvaccinated against COVID-19 at the time, announced on Instagram that he was "heading Down Under with an exemption" to compete in the 2022 Australian Open. This announcement sparked immediate controversy in Australia, given the country's strict COVID-19 regulations and vaccination requirements for international travellers.
Upon his arrival in Melbourne on January 5, 2022, Djokovic was detained by Australian Border Force officials, who proceeded to cancel his visa the following morning. This decision was based on the grounds that Djokovic's presence in Australia could potentially pose a risk to public health and encourage disregard for pandemic rules, especially given his past "disregard" for COVID-19 regulations. The Immigration Minister, Alex Hawke, also cited concerns about the potential for Djokovic to incite anti-vaccination sentiment.
Djokovic's lawyers challenged the visa cancellation, and a Federal Judge initially ruled in favour of the tennis player, granting him a temporary reprieve. However, the Australian government remained steadfast in its decision, and the matter escalated further. On January 14, 2022, Hawke exercised his personal powers under the Migration Act to revoke Djokovic's visa for a second time, leading to his deportation.
The legal battle surrounding Djokovic's visa cancellation culminated in a judicial review hearing, which upheld the government's decision. Chief Justice Allsop emphasised that the court's role was not to assess the merits or wisdom of the government's decision but rather to determine if it was irrational or unreasonable to the point of being unlawful. Ultimately, the court ruled against Djokovic, resulting in his departure from Australia and a three-year ban on re-entry, unless exceptional circumstances arise.
In the aftermath of these events, there was widespread speculation that Djokovic was considering suing the Australian government for upwards of $6 million, citing ill treatment during his detention and the potential loss of prize money had he won the Australian Open. However, as of June 2024, Tennis Australia's chief, Craig Tiley, has stated that Djokovic does not intend to take legal action against the organisation, and he expects the tennis star to return for the 2023 Australian Open.
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Djokovic's deportation
In January 2022, Novak Djokovic, the world number one men's tennis player, was deported from Australia after his visa was cancelled. Djokovic had travelled to Melbourne to compete in the Australian Open, having received a medical exemption from Tennis Australia and the Victorian state government to enter the country unvaccinated. However, upon his arrival, the Australian Border Force detained him and cancelled his visa, arguing that his presence in the country could encourage Australians to ignore pandemic rules and pose a risk to public health.
Djokovic challenged the decision in court, and a federal judge initially ruled in his favour, allowing him to remain in the country and compete in the Australian Open. However, the Australian government continued its investigation into Djokovic's visa application, and the Immigration Minister, Alex Hawke, ultimately used his discretionary powers under the Migration Act to revoke Djokovic's visa for a second time.
Djokovic again challenged the decision, but a three-judge panel unanimously ruled in favour of the federal government, leading to Djokovic's deportation from Australia. The ruling ended an extraordinary saga that saw the court sit for five hours on a Sunday during its summer holiday, reflecting the urgency and high stakes of the case.
Following his deportation, Djokovic expressed his disappointment with the court's decision but stated that he respected its ruling. He also said that he would cooperate with the relevant authorities regarding his departure from the country. Djokovic faced a potential three-year visa ban to Australia following the decision, but exceptional circumstances could allow him to return sooner.
In the aftermath of the incident, there were reports that Djokovic was considering suing the Australian government for alleged "ill-treatment" during his detention in Melbourne. The estimated figure of the lawsuit was reported to be upwards of A$6 million, including the prize money he expected to have won had he played and won the tournament. However, in June 2024, Tennis Australia chief Craig Tiley stated that Djokovic would not be suing the organisation, and he expected the tennis star to return for the 2023 Australian Open.
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Alleged ill-treatment
Novak Djokovic's lawyers took his case to court, where a Federal Judge ruled in his favour, determining that he had met the criteria set by Australia's advisory board on immunisation, received a travel declaration from the Federal Government, was granted a medical exemption by Tennis Australia, and also provided Border Force officials with evidence of the exemption. The judge also ruled that he had been denied due process because he believed he had more time to consult with lawyers.
However, the Federal Government began its own investigation into Djokovic's visa application, and three Federal Court judges unanimously supported the cancellation of his visa. Djokovic was deported from Australia and banned from the country for three years.
Djokovic is now in talks with lawyers about suing the Australian government for alleged ill-treatment during his last stay in Melbourne. The damages figure includes the $4.35 million in prize money he expected to have won had he played and won the tournament. A source close to his agent, Edoardo Artladi, said: "It's well known that Novak and his family feel he was poorly treated in the quarantine hotel in Melbourne. His mother revealed how it was full of fleas and maggots. He was kept a virtual prisoner."
Djokovic's lawyer, Toma Fila, added: "He was subjected to humiliating treatment. He should sue." However, Tennis Australia's chief executive, Craig Tiley, has dismissed suggestions that Djokovic may sue the organisation and has claimed that the world No. 1 will be back at the Australian Open in 2023.
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Potential three-year visa ban
The saga involving Novak Djokovic and the Australian government began in early January 2022 when the tennis star was detained by Australian Border Force (ABF) officials upon his arrival in the country. Djokovic, who was unvaccinated against Covid-19, had been granted a medical exemption by Tennis Australia and the Victorian government to participate in the Australian Open. However, the federal government disagreed, and his visa was cancelled, leading to a series of court hearings.
Initially, a Federal Judge ruled in favour of Djokovic, stating that he had been denied due process as he believed he had more time to consult with lawyers. The judge also determined that Djokovic had met the criteria set by Australia's advisory board on immunisation and provided evidence of his exemption to Border Force officials.
However, the Australian government continued its investigation into Djokovic's visa application, and Immigration Minister Alex Hawke ultimately used his powers under the Migration Act to revoke the visa a second time. Hawke cited a risk to public health and the possibility that Djokovic's presence could excite anti-vaccination sentiment as reasons for the decision.
As a result of the visa cancellation, Djokovic faced a potential three-year ban on re-entering Australia. This ban can be waived in exceptional circumstances, and Tennis Australia has stated that Djokovic will be allowed to compete in the 2023 Australian Open.
Djokovic is reportedly considering suing the Australian government for upwards of $6 million over his "'ill treatment" during the saga. However, other sources state that he is not planning to take legal action.
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The Australian government's response to Covid-19
The Australian government's response to the Covid-19 pandemic has been a highly controversial topic, particularly in relation to the deportation of Novak Djokovic from the country. Djokovic, the world number one tennis player, was detained by Australian Border Force (ABF) officials upon his arrival in Australia in early January 2022. He was informed that his visa was being cancelled, despite initially being told that he would have more time to consult with lawyers.
Djokovic's lawyers challenged the decision and took the case to court, where a Federal Judge ruled in favour of the tennis player, stating that he had met the criteria set by Australia's advisory board on immunisation and had provided evidence of a medical exemption. However, the Australian government escalated the case by initiating its own investigation into Djokovic's visa application. The Immigration Minister, Alex Hawke, ultimately used his powers under the Migration Act to revoke Djokovic's visa, citing "health" and "good order" grounds due to his unvaccinated status and the potential for him to incite anti-vaccination sentiment.
The decision resulted in Djokovic's deportation from Australia and a three-year ban from the country, with the tennis star expressing his disappointment but respecting the ruling. The incident sparked international interest and highlighted the Australian government's strict approach to border control and vaccination requirements during the Covid-19 pandemic. The government's response to the pandemic has been characterised by measures such as visa restrictions, quarantine requirements, and vaccination mandates, all aimed at protecting public health and safety.
In the aftermath of the incident, Djokovic faced criticism for his past "disregard" for Covid-19 regulations, which the Australian government believed could have encouraged non-compliance with pandemic rules. The government's decision to deport Djokovic reflected its commitment to enforcing its public health measures and border control policies during the pandemic. The high-profile nature of the case and the subsequent legal battle have brought significant attention to Australia's pandemic response and its handling of visa and immigration matters.
While the Australian government's response to Covid-19 has been subject to scrutiny and legal challenges, it has consistently emphasised the importance of safeguarding public health and maintaining "good order" within the country. The deportation of Djokovic and the associated controversies underscored the government's determination to enforce its pandemic-related regulations and showcase its commitment to upholding its health and safety standards during a global health crisis.
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Frequently asked questions
Yes, Novak Djokovic is in talks with lawyers about suing the Australian government for A$6 million over "ill treatment" during his last stay in Melbourne.
Djokovic claimed he had a visa exemption but was deported before the Australian Open. He also claimed that he was poorly treated in the quarantine hotel in Melbourne.
It is unclear what the outcome of the lawsuit will be. However, sources close to Djokovic's agent have indicated that the damages figure includes the $4.35 million in prize money the World No. 1 expected to have won if he had played and won the tournament.
