Djokovic Not Entitled to ‘Natural Justice,’ Australia Court Says

(Bloomberg) -- Tennis star Novak Djokovic wasn’t entitled to procedural fairness when Australia’s immigration minister scrapped his entry permit over fears his presence would strengthen anti-vaccination sentiment, the Federal Court said in its reasons for upholding the visa cancellation.

Three Federal Court judges, led by Chief Justice James Allsop, said in comments published Thursday it’s “not fanciful” Djokovic could influence others with anti-vaccination sentiment, and it didn’t need further evidence.

“An iconic world tennis star may influence people of all ages, young or old, but perhaps especially the young and the impressionable, to emulate him,” the judges wrote. Even if 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.”

Australia’s laws make clear that there’s no requirement for “natural justice” or procedural fairness, the judges wrote. The minister just had to be satisfied Djokovic’s mere presence “is or may be, or might be, a risk to the health, safety or good order of the Australian community or a segment of it.” 

Djokovic was deported on Sunday after losing a court challenge to Immigration Minister Alex Hawke’s use of special powers to revoke his visa on grounds of health and good order, and on the basis that it was in the public interest to do so. The decision reversed an earlier court ruling that quashed his first visa cancellation for procedural reasons. 

The deportation robbed the world’s top-ranked mens’ player a shot at a record 21st Grand Slam title at the Australian Open, which started Monday.

Hawke argued the Serbian star’s presence risked strengthening anti-vaccination sentiment among a minority of the population and thus creating a public order risk, according to court documents. Djokovic is unvaccinated and has shown an “apparent disregard” for basic rules such as isolating after a positive test, which may encourage or influence others to emulate his conduct, Hawke said.

Lawyers for Djokovic said Hawke took an “unreasonable approach” to assessing whether his deportation was in the public interest, and cited no evidence that his presence may foster anti-vaccination sentiment. The only evidence of protests referring to Djokovic’s case were caused by the state canceling his visa the first time, barrister Nick Wood said in the hearing Sunday. 

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