Visa Novak Djokovic and Australian Open 2022

CNN spoke to former Australian Deputy Immigration Minister Abul Rizvi for the following advice on options for Djokovic now that Australian Immigration Minister Alex Hawke has rescinded his visa.

The Minister has exercised his powers under Section 133(C) of the Migration Act, which gives him the power to cancel visas on the grounds set out in Section 116 of the Migration Act.

Djokovic and his legal team will now receive a “notice of cancellation decision” which will contain the relevant information regarding the reasons for the cancellation of his visa.

Upon receipt of this notice, Djokovic should be detained under section 189 of the Australian Migration Act, which states that “if an officer knows or reasonably suspects that a person in the migration area (other than an excised offshore location) is a non -illegal citizen, the officer must detain the person.

If that happens, in order to be released from custody, Djokovic’s lawyers will need to seek an interim order for the 34-year-old to be granted a transitional visa through the courts, with work rights so he can play at the Australian Open.

For a period of 28 days, Djokovic’s legal team can now also make further representations to the minister himself to revoke the cancellation.

Djokovic’s legal team can pursue both avenues of action together, they are not mutually exclusive. As his team has already made representations to the Minister in this matter, it is unlikely that they will take this route again.

The top priority for Djokovic’s legal team will now be to seek an interim order from the courts to release the 34-year-old from custody (if and when that happens), so he can play at the Open. ‘Australia.

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