Ahhh - those words 'national interest' and 'compelling and compassionate'
Novak Djokovic deported, could be banned from Australia for three years, but there is a loophole
Novak Djokovic has had his visa cancelled and will play no part in the 2022 Australian Open. He will fly out of Australia on an Emirates flight to Dubai at 10.30pm.
But the consequences following his deportation could be far greater than just missing this year’s tournament.
The full court of the Federal Court of Australia ruled unanimously on Sunday to deport Djokovic after Immigration Minister Alex Hawke used his powers under section 133C (3) of the
Migration Act to rescind the world number one’s visa. He cited “health” and “good order” grounds.
After an adverse decision under that part of the
Migration Act, the affected person is unable to be granted a visa while offshore for a period of three years.
It means Djokovic could be barred from playing in the 2023 and 2024 Australian Opens as well.
Fear not, Djoker fans, as there is room for an exception to be made for him.
The three-year ban can be waived in certain situations, including compelling circumstances that affect the interests of Australia, or compassionate circumstances that affect the interests of an Australian citizen or permanent resident.
Obviously, Djokovic is not an Australian citizen or resident. So next year, or in 2023, he would likely petition the government with the argument that his presence at the Australian Open would help the national interest.
Whether that argument is true or not is a matter of opinion.
“Djokovic can apply to the government to ask for the ban to be waived on compelling and compassionate grounds. I imagine if he wants to play in next year’s Australian Open, he may apply,” former deputy secretary of the Immigration Department Abul Rizvi told
The Project on Friday night.
“I suspect whoever is the minister would probably allow that.”
Novak Djokovic has had his visa cancelled and will play no part in the 2022 Australian Open. He will fly out of Australia on an Emirates flight to Dubai at 10.30pm.
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