Novak Djokovic will be DEPORTED after federal court REJECTS visa appeal

Novak Djokovic will be deported from Australia and will not take part in the Australian Open after his lawyers failed to convince three senior judges of his right to stay in Melbourne.

Chief Justice James Allsop, Justice Anthony Besanko and Justice David O'Callaghan unanimously decided Djokovic did not have grounds to dispute Immigration Minister Alex Hawke's deportation order. 

Mr Hawke wielded his discretionary power on Friday afternoon to cancel the world number one's visa and deport him, despite a court ruling last week in his favour, after the government's lawyers argued he'd become an 'icon' for anti-vaxxers. 

The 20-time Grand Slam champion said he was 'extremely disappointed' in the outcome of the case, but that he 'respected' the court's decision and would co-operate with authorities.

Immigration Minister Alex Hawke meanwhile said he 'welcomed' the court's decision to 'exercise my power to cancel Mr Djokovic's visa in the public interest'. 

Chief Justice James Allsop made clear Djokovic could not launch an official appeal against Mr Hawke's decision. Instead, he had the opportunity to have the judges review the order based on its merit and lawfulness.

Djokovic as a result is likely to be forced on to a plane and deported from Australia within hours in will also have to cover the costs of all legal fees in the case. 

Australian Prime Minister Scott Morrison said the cancellation of Djokovic's visa was made 'on health, safety and good order grounds. Australians have made many sacrifices during this pandemic and they rightly expect the result of those sacrifices to be protected.'

The world No.1 was required to prove to the court that Mr Hawke acted irrationally or legally unreasonably in choosing to use his discretionary powers.

Full reasons for the decision will be released in the coming days.   

Djokovic released a statement minutes after the ruling was handed down this morning, acknowledging his disappointment with the outcome, which will prevent him from competing in his favourite Grand Slam where he has been victorious a stellar nine times.

'I am extremely disappointed with the Court ruling to dismiss my application for judicial review of the Minister’s decision to cancel my visa, which means I cannot stay in Australia and participate in the Australian Open.

'I respect the Court’s ruling and I will cooperate with the relevant authorities in relation to my departure from the country.

The Serb also thanked his family, friends, fans and fellow countrymen for their unwavering support throughout his legal proceedings. 

Justice Allsop earlier said he accepted Djokovic could be seen as 'an iconic sports star that is setting an example that is not ideal to be followed'.

'If Mr Djokovic won the Open, as he has in the past, there is an example embedded in the Minister's reasoning that this is an example for young and not so young fans of tennis.'  

The government did not indicate whether they would take up the option to prevent Djokovic from applying for a visa to enter Australia for the next three years.

Immigration Minister Alex Hawke said: 'I welcome today’s unanimous decision by the Full Federal Court of Australia, upholding my decision to exercise my power under the Migration Act to cancel Mr Novak Djokovic’s visa in the public interest.' 

More than 83,000 people were tuned in to the Federal Court livestream of the proceedings by 11am to watch the showdown. 

Responding to Djokovic's argument deporting him would cause havoc - with riots and protests expected in the streets of Melbourne - lawyers for the government said they would not be deterred based on the fear of public backlash.

They insist he poses an 'overwhelming risk' to the Australian public - demonstrated by his decision to ignore safety measures in his home country and attend work obligations while knowingly infected with Covid-19. 

'The Commonwealth should not be bound to suffer the presence of an alien for fear of what might happen if they were removed,' Stephen Lloyd, for the Minister, said on Sunday afternoon. 

'Rightly or wrongly, he is perceived to endorse an anti-vaccination view.'

He noted vaccination rates in Djokovic's home country of Serbia were significantly lower than in Australia, indicating the tennis star was a 'talisman' of anti-vax sentiment.

While Australia has a vaccination rate of 92.5 per cent, less than half of all eligible Serbians are double-jabbed. 

Mr Lloyd argued this demonstrated the Minister's belief that Djokovic could be seen to influence his fans based on his own perceived stance on vaccines and 'may foster anti-vaccination sentiment in Australia'. 

Djokovic's high-powered legal team, led by Nick Wood SC, took issue with Mr Hawke's reasoning for cancelling the visa, which was primarily a result of his decision not to get vaccinated against Covid.

They rebuffed statements Djokovic has 'a well-known stance on vaccination'. 

Mr Wood argued comments the tennis star made about vaccines in April 2020 which have been used to justify the Minister's decision are not necessarily relevant.

They say Djokovic insisted he was 'not an expert' and would do what was best for his body, after indicating he wouldn't want to be 'forced' to take a Covid vaccine well before a jab to protect against the virus had even been developed. 

The Minister, the court heard, never asked Djokovic to confirm his present stance on vaccination and has not publicly aligned himself with either side of the argument.

'The minister is not permitted to cancel a visa based on an evidence-free figment of his imagination,' Mr Wood said.