“In making this decision, I have carefully considered the information provided to me by the Home Office, the Australian Border Force and Mr Djokovic.”
It comes after the tennis star, who is not vaccinated against COVID-19, had his visa canceled by the federal government for the first time after flying into Melbourne last week for failing to “provide evidence appropriate to meet Australia’s entry requirements”.
He had been held in immigration detention before the decision to revoke his visa was overturned by the federal court on Monday.
But Mr. Hawke was still able to exert ministerial intervention to cancel the visa again.
A hearing on the directions of the case was held Friday evening in Federal Circuit Court before Judge Anthony Kelly and heard that Djokovic is not currently in custody.
The court heard he was due to meet immigration officials for an interview at 8am on Saturday.
His lawyers sought an injunction preventing his dismissal.
Nick Wood SC presented his case for Djokovic, saying the reasons given by Minister Hawke for the cancellation of the visa “contrast” with the reasons given to the Serb at the airport.
Mr Wood claimed the minister based his decision on the prospect that allowing Djokovic to stay would “stir up anti-vax sentiment” in the community.
The case will now be transferred to the Federal Court of Australia, with Judge Anthony Kelly ruling that Djokovic should be taken to an interview with immigration officials at 8 a.m. on Saturday and then to his lawyers’ office at 10 a.m. hours to 2 p.m.
As dictated by law, following an unfavorable decision under section 133C(3), a person concerned would not be able to obtain a visa while abroad for three years, except in compelling circumstances which affect the interests of Australia or an Australian citizen. , permanent resident or eligible New Zealand citizen.
The continuation of the legal proceedings was mentioned by Prime Minister Scott Morrison who said: “I take note of the decision of the Minister for Immigration regarding the visa of Mr Novak Djokovic.
“I understand that after careful consideration, steps have been taken by the Minister to cancel the visa of Mr. Djokovic held for reasons of health and good order, on the grounds that it was in the public interest to do so .
“This pandemic has been incredibly difficult for all Australians, but we have stood together and saved lives and livelihoods.”
He added that Australians have made “many sacrifices during this pandemic, and they rightly expect the outcome of those sacrifices to be protected”.
“That is what the minister is doing by taking this action today.
“Our strong border protection policies have kept Australians safe, before COVID and now during the pandemic.
“Due to the expected ongoing legal proceedings, I will make no further comment.”
Australian border rules currently prohibit unvaccinated people from overseas from entering the country unless they have a medical exemption to get vaccinated, which Djokovic believed he had.
Djokovic’s lawyers, who are likely to challenge the latest cancellation in court, had provided lengthy submissions and supporting documents to the minister.
Officials reviewed any discrepancies on his declaration form, which stated that he had not traveled outside the country in the two weeks prior to his flight to Australia.
However, Djokovic was filmed playing tennis on the streets of Belgrade in Serbia on Christmas Day and training in Spain on December 31, both within the 14-day window.
Posting to Instagram on Wednesday, Djokovic said the error on his immigration form regarding travel before arriving for the Open was an “administrative error”.
The statement also addressed what he called “ongoing misinformation” about his activities in the run-up to his positive COVID PCR test result.
He admitted to attending a media interview in Belgrade on December 18 after performing both PCR and rapid antigen tests two days earlier, and receiving a positive result the day before.
“While I returned home after the interview to self-isolate for the required period, on reflection it was an error in judgment and I accept that I should have postponed this engagement,” he said. added.
The Australian Open begins on Monday and he was drawn against compatriot Miomir Kecmanovic for his first round match in pursuit of a record 21st Grand Slam title.