Tennis: Djokovic faces another night in Australian detention before deportation court hearing

Novak Djokovic arrives at the Park Hotel detention facility in federal custody in Melbourne, Australia, on Saturday (Jan 15), after his visa to play in the Australian Open was cancelled a second time. PHOTO: REUTERS

MELBOURNE (REUTERS, AFP) - Novak Djokovic will spend Saturday night in Australian immigration detention before the world's No. 1 tennis player seeks a court ruling to stop his deportation.

He is seeking a record 21st Grand Slam title at the Australian Open, which begins on Monday (Jan 17).

Court documents released after an initial hearing in the Federal Court on Saturday showed Immigration Minister Alex Hawke decided to cancel the Serb's visa because his presence could foster opposition to Covid-19 vaccination in the country.

It will be a second stint in detention for Djokovic, who spent his first four nights in Australia in hotel detention before a judge freed him on Monday after finding a decision to cancel his visa on arrival had been unreasonable.

"Although I ... accept that Mr Djokovic poses a negligible individual risk of transmitting Covid-19 to other persons, I nonetheless consider that his presence may be a risk to the health of the Australian community," Mr Hawke said in a letter to Djokovic and his legal team.

This explanation in Djokovic's affidavit is more detailed than the brief statement the minister released on Friday, which said his decision was based on "health and good order grounds".

Justice David O'Callaghan set a hearing on Djokovic's appeal for 9.30am on Sunday (6.30am Singapore time), with three judges at the Federal Court of Australia - Chief Justice James Allsop, Justice Anthony Besanko and himself - to hear the case.

 A decision made by the full court will be final and parties will not be able to appeal against the verdict.

Djokovic's lawyers said on Friday they would argue deportation would only further fan anti-vaccine sentiment and would be as much a threat to disorder and public health as letting him stay and exempting him from Australia's requirement that all visitors be vaccinated.

A court order on Friday night had required the 34-year-old to surrender to immigration officials for an interview on Saturday morning, before he was taken to his lawyers' officers for the preliminary hearing. After leaving his lawyers, he arrived at Melbourne’s Park Hotel, the same immigration detention hotel where he was held last week.

About a dozen refugee activists chanted “stop the torture ... let them out” as Djokovic and Border Force guards drove into the underground garage of the hotel, which is also being used to hold 33 asylum seekers and travellers in Covid-19 quarantine.

A man cycling past the hotel shouted: “Go home, Novak!”

A Border Force spokesman confirmed that Djokovic had been detained.

The government has said it would not deport him until his appeal has been heard. Djokovic wants to be able defend his title at the Australian Open, which begins on Monday.

Players tire of saga

The controversy has overshadowed the traditional build-up to the Grand Slam event, and players were tiring of the saga.

"It feels like it's taking away from us competitors who just want to start. We're just eager to go out and compete,"Australian No. 1 Alex de Minaur told reporters at Melbourne Park, where the tournament will be held.

Djokovic's medical exemption from vaccine requirements to play the Open prompted enormous anger in Australia, which has undergone some the world's toughest Covid-19 lockdowns and where more than 90 per cent of adults are vaccinated, but hospitalisation rates continue to hit record highs.

With global scientists and policymakers focused on vaccinating as many people as possible to end the pandemic, the refusal of Djokovic to get the jab has fuelled the anti-vaccination movement, especially in his native Serbia and surrounding countries.

The controversy over the tennis player has become a political touchstone for Prime Minister Scott Morrison as he prepares for an election due by May.

His government has won support at home for its tough stance on border security during the pandemic, but it has faced criticism for its handling of Djokovic's visa application.

Djokovic, scheduled to play fellow Serb Miomir Kecmanovi in the first round of the Open, is hunting a record-breaking 21st Grand Slam title. But instead of hitting Rod Laver Arena on Monday, he could be deported on a flight out of Melbourne.

He has the option of withdrawing and leaving Australia of his own accord. If he withdrew prior to the first day of play, Andrey Rublev would take his spot in the first round.

Why Australia says Djokovic has got to go

Australia's government says the unvaccinated Djokovic poses a "negligible risk" of infecting people with Covid-19.

Immigration Minister Alex Hawke says he is even happy to assume the 34-year-old tennis ace has entered Australia in line with vaccination guidelines.

He does not argue that the Serb, who says he caught Covid-19 last month, has a medical reason for not being vaccinated, and concedes that he is a "person of good standing and is known for his philanthropic efforts".

So why does Mr Hawke say he cancelled Djokovic's visa?

And why does he want to deport the world's No. 1 tennis player days before the Australian Open starts on Monday?

Here are the key reasons the minister gave in a written document released by the Federal Court hearing on Djokovic's appeal:

1. Anti-vaccine sentiment

Djokovic's presence in Australia "may foster anti-vaccination sentiment", Mr Hawke said, adding that the player had publicly voiced his opposition to being vaccinated.

This could sway others into not getting vaccinated, or not getting booster shots, he argued.

2. Disregard for Covid rules

Djokovic has admitted to an "error of judgement" in meeting a journalist from French sports paper L'Equipe two days after a positive Covid-19 test recorded on Dec 16.

If he stays in Australia, the tennis ace may "foster similar disregard" for Covid-19 safety guidelines after a positive test result, Mr Hawke said.

3. Risk to good order

As a role model, Djokovic's failure to abide by public health measures and unvaccinated status could undermine Australia's management of the pandemic, Mr Hawke said.

Not only could it encourage people to flout health rules, but it could also lead to "civil unrest", he said.

The Immigration Minister cited "rallies and protests" that have already taken place in Australia "which may themselves be a source of community transmission".

4. False travel declaration

A statement on Djokovic's Australian declaration falsely said he would not travel in the 14 days before he arrived in Melbourne on Jan 5.

In fact, he travelled from Serbia to Spain in that period.

Djokovic said the error was committed by his agent, who has admitted to the government that she was to blame.

Mr Hawke said he assumes Djokovic did not break the law given his agent's admission, but that nevertheless he "should have been careful" with such an important document.

In any case, the minister said he did not consider it to be a major factor, and he would have made the same decision even if he had not taken the declaration into account.

Bottom line

Cancelling the visa would likely cause Djokovic and his family "emotional hardship and distress"; hurt his reputation and finances; and prevent him from competing in the Australian Open, Mr Hawke said.

But this was outweighed by the risks the government believes he poses to Australia's Covid-19 battle, the minister said.

These risks concern "the very preservation of life and health" of many Australians, Hawke said, at a time when the health system is under "increasing strain" from the pandemic.

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