Novak Djokovic deported for breach of Australia’s border rules, PM says, at odds with government’s legal case

The Australian prime minister, Scott Morrison, says Novak Djokovic was deported as a result of he tried to breach entry guidelines on the border, regardless that the immigration minister didn’t dispute the tennis star’s perception he had a sound medical exemption.

The Serbian tennis participant boarded an Emirates flight from Melbourne to Dubai on Sunday evening, hours after the total federal court docket upheld the minister’s choice to cancel Djokovic’s visa.

Morrison mentioned on Monday the world males’s No 1 had did not adjust to “the principles”, that to enter Australia that “you both must be vaccinated or you must have a sound medical exemption and present proof of it”.

“It’s so simple as that,” the prime minister advised 2GB radio. “That is about somebody who sought to return to Australia and never adjust to the entry guidelines at our border. That’s what that is about.”

The well being minister, Greg Hunt, additionally argued on Monday that Djokovic’s medical exemption “wasn’t legitimate”.

Minister for Well being and Aged Care @GregHuntMP says Novak Djokovic’s medical exemption “wasn’t legitimate”.

“The principles are very clear. Folks can enter in the event that they’re vaccinated or if they’ve a medical exemption. He didn’t have that… Prior an infection shouldn’t be a sound medical exemption.”

— RN Breakfast (@RNBreakfast) January 16, 2022

However the immigration minister, Alex Hawke, didn’t make alleged non-compliance with entry guidelines a central plank of his causes for cancelling Djokovic’s visa a second time on Friday.

In his formal choice, Hawke mentioned he assumed that Djokovic “entered Australia constantly” with Australian Technical Advisory Group on Immunisation (Atagi) paperwork, regardless that the minister famous there was a dispute about this within the earlier court docket proceedings.

“For current functions, I’ll assume that Mr Djokovic’s place is appropriate fairly than in search of to unravel this right here,” Hawke wrote.

Hawke mentioned he weighed that up as an element in opposition to cancelling the visa, however added: “That I’m assuming he at the moment has a medical cause to not be vaccinated doesn’t in the end have an effect on my reasoning on well being and good order as defined under.”

The immigration minister additionally famous Djokovic – who cited a latest Covid an infection as a cause for not being vaccinated – had obtained a supportive letter from Tennis Australia.

“I’ve taken into consideration that upon receipt of this letter, Mr Djokovic thought of that he had a sound medical exemption to return to Australia, and that he would due to this fact be entitled to stay in Australia.”

In his causes, Hawke additionally mentioned Djokovic had an “in depth compliant journey historical past” and acknowledged “that he has personally made no try to contravene any Australian legislation”.

The minister mentioned Djokovic’s journey declaration “has a false reply” to a query about journey within the 14 days previous to coming to Australia, and the tennis star “ought to have been extra cautious”.

“Whereas I’ll assume that Mr Djokovic has not breached any legal guidelines in circumstances the place his agent says that she is responsible, I’m nonetheless involved as a result of Australia Journey Declarations are vital paperwork, and the data in them shouldn’t be false,” Hawke mentioned.

However the minister mentioned his choice would have been the identical whatever the journey declaration challenge.

Hawke’s overarching argument for cancelling the visa was that Djokovic’s presence in Australia “could pose a well being threat to the Australian neighborhood” as a result of it “could foster anti-vaccination sentiment”.

The immigration minister used powers beneath part 133C(3) of the Migration Act to cancel Djokovic’s visa “on well being and good order grounds, on the premise that it was within the public curiosity to take action”.

Morrison denied on Monday that the choice to cancel the visa had the potential to encourage anti-vaccination parts much more.

“Effectively, I don’t imagine so, and since we’ve made it very clear that the principles are the principles,” he mentioned.

Morrison additionally denied a double customary, provided that a number of Coalition politicians had been spreading anti-vaccination messages. The prime minister mentioned 2GB host Ben Fordham was “conflating two completely different points”.

“In Australia, in case you’re an Australian, you’re a citizen, you’re resident and also you’re a citizen, you will be right here and you may categorical your views,” Morrison mentioned.

Morrison left open the likelihood that Djokovic is perhaps allowed again into Australia sooner or later over the subsequent three years.

Requested what Djokovic must do to be allowed again into Australia subsequent yr, Morrison mentioned: “I’m not going to kind of precondition any of that or say something that may not allow the minister to make the varied calls they must make. I imply, it does go over a three-year interval, however there may be the chance for them to return in the appropriate circumstances and that may be thought of on the time.”

The principles say that an individual who receives an opposed choice won’t be able to be granted a visa for a interval of three years, besides in sure circumstances together with compelling circumstances that have an effect on the pursuits of Australia.

Labor’s dwelling affairs and immigration spokesperson, Kristina Keneally, welcomed the court docket’s choice to uphold Hawke’s cancellation of the visa, however mentioned the Australian authorities “by no means ought to have granted Novak Djokovic that visa within the first place”.

“This can be a sequence of unforced errors on Mr Morrison’s half, and it’s a multitude on our borders,” Keneally advised ABC TV.

“We at the moment are a world embarrassment, because of Mr Morrison’s bungles.”

Keneally mentioned a few of Morrison’s personal MPs and senators have been discouraging vaccination “for months”.

“Mr Morrison can not fake that he’s a wolf, powerful on Novak Djokovic, however a lamb in entrance of his personal celebration room, unwilling to inform folks like George Christensen to tug their head in,” she mentioned.

Djokovic arrived in Australia on the night of 5 January. He believed {that a} visa granted on 18 November and a medical exemption authorised by Tennis Australia and a Victorian authorities unbiased professional panel can be adequate to enter Australia.

Djokovic’s visa was first cancelled by the Australian Border Drive hours after he arrived at Melbourne airport and he was taken to a detention lodge.

Final Monday a federal circuit court docket choose restored Djokovic’s visa, concluding it was unreasonable for the ABF to renege on a deal to present him extra time on the airport to deal with the exemption challenge.

Hawke then cancelled Djokovic’s visa on Friday on the premise Djokovic’s presence in Australia may threat “civil unrest” as he’s a “talisman of anti-vaccination sentiment”. On Sunday, chief justice James Allsop introduced the court docket unanimously dismissed Djokovic’s utility to overturn the cancellation, with prices to be paid by the tennis star.

Allsop defined the choice of the court docket didn’t replicate on “the deserves or knowledge of the choice” however fairly whether or not it was so irrational as to be illegal.

In an announcement on Sunday, Djokovic mentioned he was “extraordinarily upset” with the ruling, however mentioned he revered it and would “cooperate with the related authorities in relation to my departure from the nation”.

Supply: Guardian