Summary

  • Novak Djokovic has been deported from Australia after losing visa battle in court

  • Judges dismissed his bid to have a government decision to cancel his visa overturned

  • The tennis star earlier said he was "extremely disappointed" but accepted the decision

  • Australian PM Scott Morrison welcomes ruling saying country committed to "strong borders"

  • Immigration Minister Alex Hawke cancelled Djokovic's visa on Friday, saying his presence in the country risked fanning anti-vaccine sentiment

  • Djokovic has not been vaccinated against Covid-19, which is a requirement for foreigners entering the country

  • Djokovic now faces a possible three-year ban on returning to Australia

  1. 'Laughingstock' PM should quit says Australian oppositionpublished at 09:14 Greenwich Mean Time 16 January 2022

    Kristina KeneallyImage source, EPA

    Australia's shadow home affairs minister is calling for the country's PM to go after a "litany of failures" in dealing with Novak Djokovic's visa application.

    Kristina Keneally tweeted, external that Scott Morrison has "made himself a laughingstock on the world stage" as "he and his government mishandled Novak Djokovic’s case, undermined Australia’s border security settings, and provided a lightning rod for the anti-vaccination movement."

    She says: "The Morrison government's own argument before the court was that Mr Djokovic’s visa should be cancelled because his presence here may foster anti-vaccination sentiment based on what he did and said before he was granted a visa."

    She asks why the government granted Djokovic a visa to come to Australia in the first place?

    "This mess is not a failure of our laws. It is a failure of the Morrison government’s competence and leadership. It’s time for Mr Morrison to go," she says.

  2. Watch: The Djokovic visa drama in 90 secondspublished at 09:03 Greenwich Mean Time 16 January 2022

    Media caption,

    Novak Djokovic: The visa drama in 90 seconds

    It's been a dramatic week of twists and turns in what became a highly politicised case. Here's how it unfolded, in 90 seconds.

  3. Andy Murray: Situation not good for anyonepublished at 08:50 Greenwich Mean Time 16 January 2022

    Jonathan Jurejko
    BBC Sport at Melbourne Park

    On the roof terrace of the media centre at Melbourne Park there was a rather inconvenient timetable clash looming at about 5:45pm.

    Other members of the British media and I were huddled around a mobile phone, watching and listening to the verdict being announced on a YouTube feed. At the same time, Andy Murray was on his way to talk to us.

    The British player, who has known Djokovic since they were children and competed against for the sport's biggest prizes, arrived seconds after we found out the Serb was not going to be playing.

    "It is not great for the tournament because it is better when all of the top players are playing in the event," Murray told me.

    "There are obviously going to be a lot of questions about what has happened here and the situation he has been in.

    "Novak is someone I have known since we were 12 years old, he is someone who I respect and have competed against. I don't like he is in this situation and I don't like he has been in detention.

    "The situation has not been good all round for anyone. It feels everything here happened extremely last minute and that's why it became such a mess.

    "Hopefully that won't be the case at other events so there is no other situation like this.

    "I wouldn't want that for Novak, don't want that for tennis and hopefully it is done now."

  4. Australian PM welcomes decisionpublished at 08:42 Greenwich Mean Time 16 January 2022

    Australia's Prime Minister Scott Morrison has released a statement, welcoming the decision to dismiss Djokovic's appeal:

    "The Full Federal Court of Australia unanimously decided to dismiss Mr Novak Djokovic's application for judicial review which sought to challenge the Minister for Immigration's decision to cancel his visa.

    "This cancellation decision was made on health, safety and good order grounds, on the basis that it was in the public interest to do so.

    "I welcome the decision to keep our borders strong and keep Australians safe.

    "As I said on Friday, Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected.

    "Over the pandemic, together we have achieved one of the lowest death rates, strongest economies and highest vaccination rates, in the world.

    "Strong borders are fundamental to the Australian way of life as is the rule of law.

    "Our Government has always understood this and has been prepared to take the decisions and actions necessary to protect the integrity of our borders.

    "I thank the Court for their prompt attention to these issues and the patience of all involved as we have worked to resolve this issue.

    "It's now time to get on with the Australian Open and get back to enjoying tennis over the summer."

  5. Watch: Moment Djokovic learns his Australian Open fatepublished at 08:33 Greenwich Mean Time 16 January 2022

    Media caption,

    Moment Djokovic learns his Australian Open fate

    Here's the moment Chief Justice Allsop delivered the federal court's unanimous verdict, dismissing Djokovic's bid to have his visa decision overturned - and effectively ending the tennis star's hopes of competing in the Australian Open.

  6. Where is Djokovic?published at 08:25 Greenwich Mean Time 16 January 2022

    Crowd outside officeImage source, Reuters

    We're not sure exactly when or how Djokovic plans to leave Australia, but he's currently believed to be at his lawyers' offices in Melbourne.

    A crowd of journalists and some Djokovic supporters with a Serbian flag have gathered outside the building.

    Meanwhile, outside the courtroom, a tearful Djokovic supporter has told our correspondent Shaimaa Khalil that her summer will be "empty" without the Serb playing in Melbourne.

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  7. Watch: Djokovic will go but unclear whenpublished at 08:11 Greenwich Mean Time 16 January 2022

    Media caption,

    BBC reporter: Djokovic will go but unclear when

    The BBC's Australia correspondent Shaimaa Khalil is reporting from outside the courtroom.

    She says the verdict means Djokovic will be deported, although it's unclear when that will happen.

  8. World 150th men's player set to replace Djokovicpublished at 08:04 Greenwich Mean Time 16 January 2022

    Jonathan Jurejko
    BBC Sport at Melbourne Park

    With Djokovic not allowed to play on Monday, it has meant a reshuffle of the men's singles draw.

    The rules for Grand Slam tournaments state the withdrawal of the top seed after Monday's order of play is released means a lucky loser - someone who has lost in the final round of qualifying - comes into the draw.

    That will be Italy's Salvatore Caruso, who is ranked 150th in the world. He plays Serbia's Miomir Kecmanovic in the place of Djokovic.

    Tournament organisers are well accustomed to making late changes in draws because of injuries.

    One because of the world number one being deported from the host country is unprecedented.

  9. How we got herepublished at 07:58 Greenwich Mean Time 16 January 2022

    News that Djokovic had been approved to play in the Melbourne tournament, beginning on Monday, was revealed by the player himself on 4 January.

    Australia requires all foreign visitors entering the country to be double vaccinated. Otherwise, they need to complete 14 days in quarantine. But Djokovic, who is unvaccinated, said on social media he had gained a medical exemption.

    And that's where the trouble started - with the announcement sparking public outrage.

    Djokovic, who arrived in Australia on 5 January, found his entry rejected by border officials and his visa cancelled on the spot. This was later drastically overturned in court - before being cancelled again by Immigration Minister Alex Hawke.Djokovic appealed, and today judges dismissed that appeal meaning he will be deported after all.

  10. Djokovic accepts decisionpublished at 07:39 Greenwich Mean Time 16 January 2022

    Djokovic has reacted to the verdict, saying he is "extremely disappointed" with the judges' decision to uphold the cancellation of his visa, but will not appeal the ruling.

    Here's his statement in full:

    "I would like to make a brief statement to address the outcomes of today’s Court hearing.

    "I will now be taking some time to rest and to recuperate, before making any further comments beyond this.

    "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.

    "I am uncomfortable that the focus of the past weeks has been on me and I hope that we can all now focus on the game and tournament I love.

    "I would like to wish the players, tournament officials, staff, volunteers and fans all the best for the tournament.

    "Finally, I would like to thank my family, friends, team, supporters, fans and my fellow Serbians for your continued support. You have all been a great source of strength to me."

  11. What does this mean?published at 07:29 Greenwich Mean Time 16 January 2022

    After a 10-day rollercoaster of legal wranglings, three judges have given what looks set to be a final decision on Novak Djokovic's presence in the country for the Australian Open.

    The decision by Australian Immigration Minister Alex Hawke to cancel Djokovic's visa is upheld.

    The men's world number one now faces imminent deportation from Australia and a possible three-year ban from entering the country.

    There's very little scope for Djokovic to challenge the judges' decision before his first scheduled match at the Open tomorrow evening.

  12. Djokovic supporters fall silentpublished at 07:12 Greenwich Mean Time 16 January 2022

    Simon Atkinson
    BBC News, Melbourne

    For Djokovic supporters here, the mood shifted from one of optimism and enthusiasm to sombre blank faces and near silence as news of the decision came through.

    The announcement was missed by many in the crowd and was not immediately clear to those gathered on the forecourt.

    But as the news has sunk in there is a lot of disappointment and shaking of heads.

    Supporters hold flags outside court after the decision
    Image caption,

    Supporters outside court after the decision

  13. Djokovic loses appealpublished at 06:58 Greenwich Mean Time 16 January 2022
    Breaking

    Novak Djokovic is set to be deported from Australia, after losing his appeal against his visa cancellation.

    Three judges have unanimously dismissed his appeal. They say they will give their reasoning at a later date.

  14. Decision expected in 15 minutespublished at 06:34 Greenwich Mean Time 16 January 2022
    Breaking

    We're just hearing that a decision will be delivered by the court in 15 minutes.

    We'll be bringing you the ruling and all the latest updates here.

  15. Analysis

    A legal point that could prove pivotalpublished at 06:17 Greenwich Mean Time 16 January 2022

    Frances Mao
    BBC News

    In his final comments, Djokovic’s lawyer emphasised one point in particular - had the government properly considered the impact of kicking him out?

    The government has argued how the tennis star is a supposed icon for anti-vaxxers.

    By staying longer he would encourage that crowd and that would pose a "risk" to Australia's health and good order, they say.

    Proving such "risk" is the first of two conditions the minister needs to satisfy for his visa-cancelling power.

    Has the government satisfied that? The judges themselves said the risk had escalated only because the government had made Djokovic into a target.

    But more importantly, has the minister satisfied a second condition of “public interest”?

    Djokovic's lawyers pressed hard on this point. They argued if the government identified Djokovic as an anti-vax threat, then surely they'd recognise that his deportation would also spark anger from the community - and that would threaten peace and stability.

    Because the minister does not make reference to this he cannot have properly considered the public interest, the player's lawyers say.

    The government today in rebuttal said the minister was fully aware of this "counter factual" situation and just didn't need to mention it.

    But if the court agrees with Djokovic’s team, it will prove pivotal.

  16. Were 'strings pulled' to speed up case?published at 05:54 Greenwich Mean Time 16 January 2022

    Several commentators have noted how quickly Djokovic's case has been dealt with by Australia's courts, given immigration cases are typically notoriously slow.

    His case has really shone a light on Australia's Migration Act, which is usually referenced in refugee and asylum seeker hearings.

    Here's how one legal expert saw it.

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  17. Djokovic's match set for late on Mondaypublished at 05:21 Greenwich Mean Time 16 January 2022
    Breaking

    Jonathan Jurejko
    BBC Sport at Melbourne Park

    The Australian Open order of play for Monday has been announced.

    Novak Djokovic, if he plays, will be last on Rod Laver Arena, playing at about 21:00 local time (10:00 GMT) on the show-court.

    That would give the defending men's champion as much time as possible to recover - mentally and physically - after today's hearing if it is successful.

    Djokovic is set to play fellow Serb Miomir Kecmanovic.

  18. If you're just joining us...published at 05:08 Greenwich Mean Time 16 January 2022

    It's been a busy day in court in Australia, where judges have heard more than four hours of arguments as Novak Djokovic fights to stay in the country.

    If you're just joining us, here's where we are:

    • Immigration Minister Alex Hawke cancelled Novak Djokovic's visa on Friday, on the basis he poses a public risk to the "health and good order" of the Australian community
    • Djokovic's lawyers challenged the decision before three judges in the Federal Court of Australia today
    • The judges are now considering the arguments and are expected to return with a decision soon
    • In court, the government said Djokovic poses a public risk because of his alleged anti-vaccination stance. They argued he was an "icon" for the anti-vax community
    • But Djokovic's lawyers said there was little evidence to support this characterisation
    • They argued that the government had not considered the "discord" that could come from Djokovic's deportation
    • The tennis player - who was taken back into detention on Saturday - was allowed out to an undisclosed place today to watch the hearing
  19. When will we know more?published at 04:39 Greenwich Mean Time 16 January 2022

    That's not yet clear, unfortunately.

    Chief Justice Allsop said the three judges may need at least the afternoon to consider the arguments. It's just passed 15:30 local time (04:30 GMT).

    If the court plans to reconvene it will be listed on the court's website, external, he added.

    Of course, we will keep you updated as soon as we know more.

  20. What is happening to the Australian Open schedule?published at 04:17 Greenwich Mean Time 16 January 2022

    Russell Fuller
    Tennis correspondent in Melbourne

    Planning for Monday's opening day of the Australian Open has unsurprisingly been complicated by this hearing.

    Unusually, the order of play has not yet been released. This allows players and television companies around the world to plan their schedules: we have been told only that it will be published in about 45 minutes.

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    Djokovic is pencilled in to play Miomir Kecmanovic in Monday's opening night session. If he is unable to play, and a decision is announced before publication of the order of play, Kecmanovic will instead take on the fifth seed Andrey Rublev.

    But if the decision to send the world number one home is upheld, but made after the order of play has been released, Kecmanovic will instead play a ‘lucky loser'.

    That is one of the players who lost in the final round of qualifying, but is invited to play in the event after all because another player has withdrawn, usually because of injury or illness.