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. Djokovic's team references BBC articlepublished at 23:44 Greenwich Mean Time 15 January 2022

    His lawyer is quoting extensively from a BBC article published last week, titled 'What has Novak Djokovic said about vaccines?'

    They're arguing that it is one of the only pieces of evidence backing up the government's "pre-conception" that Djokovic is connected to anti-vaccine influence.

    But the lawyer argues that those quotes were taken by the minister out of the context from what the article actually said.

    Wood said the BBC article noted that Djokovic said these lines about vaccines in April 2020, almost two years ago.

    The lawyers are also arguing that the article shows anti-vaccine sentiment was fanned by the government's decision - not by Djokovic himself.

    You can read the article being referenced here.

  2. Djokovic poses low risk of transmission - lawyerspublished at 23:23 Greenwich Mean Time 15 January 2022

    Djokovic's team has highlighted a finding from the government's submissions.

    The government agrees that the tennis player presents almost no risk of transmitting Covid in Australia, they say, because of his recent infection and the additional protocols around the Australian Open event.

  3. Lawyer queries key government argumentpublished at 23:14 Greenwich Mean Time 15 January 2022

    Djokovic's team is arguing that the government's legal argument is based on a number of falsehoods.

    Lawyer Nick Wood argues the government's inference that Djokovic has anti-vaccine community influence is wrong, and that this is the basis for the government's arguments.

    He lists case precedents to argue why the minister can't do this.

  4. Djokovic's lawyers up firstpublished at 23:05 Greenwich Mean Time 15 January 2022

    The tennis player is again being represented by Melbourne barrister Nick Wood, who says he will first run through the government's arguments and point out their problems.

    A key one, he says, is the minister's "pre-conception" that Djokovic is an anti-vaccination figurehead. Wood says there is not sufficient evidence for this.

    He argues that if this were true, then deporting his client would surely also cause disruption and unrest. And so far the government has ignored this, Wood says.

  5. Court acknowledges need for quick hearingpublished at 22:52 Greenwich Mean Time 15 January 2022

    A judge has just explained the need for the Sunday hearing - noting that if the case didn't get under way this weekend then Djokovic wouldn't get an outcome in time for tomorrow's tournament.

    "Unless the court... finalised the matter by today or tomorrow, any right of appeal of Djokovic if he lost would or may be at least in part be made [useless] because of proximity of the commencement of the event being the purpose of his visit," said one of the judges.

    They say the hearing could end by lunchtime. Lawyers on both sides agree.

  6. More than 45,000 people tune in alreadypublished at 22:41 Greenwich Mean Time 15 January 2022

    The court has a stream of the hearing but prohibits it from being re-broadcast.

    We're only a few minutes in, and already more than 45,000 people have tuned in, the stream shows.

    So far the court has only heard some administrative matters - such as why the case is being heard before three judges.

  7. The hearing beginspublished at 22:32 Greenwich Mean Time 15 January 2022
    Breaking

    We're under way in the Federal Court of Australia.

  8. What's the case about today?published at 22:26 Greenwich Mean Time 15 January 2022

    Frances Mao
    BBC News

    Immigration Minister Alex Hawke used his own discretionary powers to cancel Djokovic's visa on Friday.

    He argues the tennis player presents a risk to the local community because:

    1. Djokovic is a high-profile figure whose story has fostered and encouraged anti-vaxxers in the country
    2. He admitted to breaking isolation rules while Covid positive and that could encourage other people to break Covid rules.

    Djokovic's lawyers are challenging this, largely with these arguments:

    1. The government falsely characterised the tennis star as a kind of "talisman" for the anti-vaccine community
    2. There's no evidence that he's stirred up any anti-vaccine sentiment
    3. If he's kicked out of the country, wouldn't that make him more of a figurehead for the anti-vaccine, anti-government community?

    They're arguing that most of the government's decision making has been on an "illogical" and "irrational" basis.

  9. Judges scattered across the countrypublished at 22:22 Greenwich Mean Time 15 January 2022

    Simon Atkinson
    BBC News, Melbourne

    All three judges hearing this case - Chief Justice James Allsop, Justice Anthony Besanko and Justice David O’Callaghan - will be separate from one another and dealing with the issues remotely.

    In fact I understand that not only are they in three different rooms, they are in three different cities: Sydney, Adelaide and Melbourne.

    That's partly because of the time of year and the last-minute nature of this hearing - as well as the way court hearings have adapted in the pandemic.

    So while the Federal Court building in Melbourne is likely to be a focal point for Djokovic fans here today, the actual court building may be as empty as it would usually be on a Sunday morning.

  10. Djokovic leaves his immigration hotelpublished at 22:22 Greenwich Mean Time 15 January 2022
    Breaking

    The hearing is due to begin in 10 minutes. Here's Djokovic as captured by Australian media just now.

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  11. Analysis

    Stakes high for both sidespublished at 22:07 Greenwich Mean Time 15 January 2022

    Shaimaa Khalil
    Australia correspondent

    Once again it’s up to a court to decide whether Djokovic stays or goes.

    The situation is tense as we inch closer to the Australian Open. The stakes are high for both sides.

    For the world number one, the possibilities are a 21st Grand Slam, a 10th Australian Open title, and the chance to be the most successful male tennis player in history - all riding on this judgement.

    His supporters, family and the Serbian government also feel he’s been humiliated and mistreated.

    For the government, this has been a huge embarrassment. However this ends, they’ll come out of it quite bruised by the legal, political and diplomatic shambles this has become.

    A question that has kept coming up is: Why - given what Australians are going through now with surging Covid infections - was it deemed acceptable to allow an unvaccinated world-famous athlete into the country?

    Why has this been so chaotic and mismanaged? When this story began over a week ago, Djokovic’s visa had been revoked and he was taken to an immigration detention hotel with big a question mark on his participation in the Grand Slam.

    ln the past couple of days, it has felt like we’re right where we started.

  12. How did we get here?published at 22:06 Greenwich Mean Time 15 January 2022

    Novak DjokovicImage source, Getty Images

    It's been full of twists and turns.

    There’s been controversy since 4 January, when Djokovic announced he’d been granted a medical exemption to play in the Australian Open.

    Australia requires all foreign visitors to be double vaccinated, or to complete 14 days in quarantine.

    So many ordinary Aussies were angered that a tennis superstar was apparently being allowed into the country on a medical exemption that was not made public.

    Djokovic then had his visa cancelled on arrival in Melbourne by border officials, who rejected his exemption documents.

    He immediately launched a legal challenge, but was first taken away to immigration detention where he spent five days detained.

    The resulting court case last Monday revealed that Djokovic’s exemption was due to a Covid infection he’d had in mid-December.

    He won his case on Monday on the basis that border officials hadn’t given him enough time to explain his situation at the airport.

    He was released from immigration detention and immediately went to the courts to practice for the Grand Slam.

    But the government warned that it was considering cancelling his visa again, particularly when questions emerged about his movements after his positive test.

    On Wednesday Djokovic admitted that he’d broken isolation rules on one instance, in doing a media interview and photoshoot when he knew he was positive.

    Two days later the Australian government issued his second visa cancellation - this time on the grounds that he posed a threat to the health of the Australian community.

  13. Hearing due to begin in 30 minutespublished at 21:59 Greenwich Mean Time 15 January 2022

    Djokovic's legal challenge will be heard in the Federal Court of Australia in Melbourne from 09.30 local time on Sunday (22:30 GMT on Saturday).

    There will be three judges: Chief Justice James Allsop, Justice Anthony Besanko and Justice David O’Callaghan.

  14. Welcome to our live coveragepublished at 21:53 Greenwich Mean Time 15 January 2022

    Hello and welcome to our live page covering Novak Djokovic’s court bid to stop his deportation from Australia.

    On Friday, Australia’s immigration minister cancelled the tennis star’s visa for a second time, saying that Djokovic’s continued presence in Australia presented a risk to the "health and good order" of the Australian community.

    Djokovic - who won his first visa appeal on Monday - strongly denies this.

    But unless he succeeds in his legal challenge today, the men’s world number one will be deported from the country, and he faces a three-year ban on re-entry to Australia.

    He has been held in immigration detention since Saturday. The Australian Open tournament is due to start on Monday.

    Stay with us as we cover today's developments.