Djoko rejection not irrational, court reveals details of case

The Australian Federal Court has released details why it rejected Novak Djokovic’s challenge against his visa cancellation, stating Immigration Minister Alex Hawke’s decision to cancel Djokovic’s visa was not irrational or illogical, as was claimed by Djokovic’s legal team.

Chief Justice James Allsop, Justice Anthony Besanko and Justice David O’Callaghan found it was not irrational for the Mr Hawke to be concerned that the support of anti-vaccination groups for Djokovic may encourage protests and further community transmission.

The judges said they did not consider the merits or wisdom of the minister’s decision, only whether or not it was lawful.

The reasons published online on Thursday make note of the tennis star’s influence in the public sphere.

“This is not fanciful; it does not need evidence. It is the recognition of human behaviour from a modest familiarity with human experience.

“Even if Mr Djokovic did not win the Australian Open, the capacity of his presence in Australia playing tennis to encourage those who would emulate or wish to be like him is a rational foundation for the view that he might foster anti-vaccination sentiment.”

The court then outlined the argument from Djokovic’s legal team.

“The central proposition of Mr Djokovic’s argument was that the Minister lacked any evidence and cited none that his presence may ‘foster anti-vaccination sentiment’,” the court said in its published reasons.

“However, it was open to infer that it was perceived by the public that Mr Djokovic was not in favour of vaccinations.

“It was known or at least perceived by the public that he had chosen not to be vaccinated.

The judges also agreed the minister was under no obligation to provide a statement of reasons in the case, but he did.

“They were evidently carefully drafted,” the court said.

“There was a clear interrelationship among all parts of the Minister’s reasons.

“The themes of encouragement and emulation of a sporting hero and icon run through the reasons for satisfaction as to health and good order and the public interest.”

Peter Rowe

Recent Posts

Nadal goes down in final match

Rafael Nadal lined up for what was to be the final match of his career…

3 days ago

Sinner flattens de Minaur in runaway home start

Jannik Sinner took charge in front of his home crowd on Sunday, crushing ATP Finals…

2 weeks ago

Madcap Medvedev suffers temperamental Turin Finals loss

Daniil Medvedev went into meltdown mode on Sunday during a highly charged 6-4, 6-3 loss, with opponent…

2 weeks ago

Team Sinner considering skipping Monte Carlo

Jannik Sinner could well be missing from the opening European clay event of next season…

2 weeks ago

Davis Cup Final to mark Nadal goodbye to tennis

Rafael Nadal will bring down the curtain on his career next month as he plays his…

1 month ago

Wimbledon lowers the boom on human linecalling

Wimbledon on Wednesday brought an end to human linecalling at the most traditional of the…

1 month ago