As it happened: Immigration Minister cancels Serbian tennis star Novak Djokovic visa ahead of 2022 Australian Open campaign

Novak Djokovic’s lawyers claim Immigration Minister Alex Hawke based his decision to cancel the Serbian star’s visa on the basis his presence in Australia would stoke anti-vax sentiment.

Counsel Nicholas Wood, SC, said Mr Hawke had chosen to “remove a man of good standing” from Australia and “impair” his career over comments Djokovic had made in 2020.

“He has no rational basis to say the decision he makes is up to generate a greater amount of anti-vax sentiment that he is seeking to minimise,” he said

Court is back and Judge Kelly has agreed to add words to his order so that the parties can agree on the location of where Djokovic will be detained or interviewed.

The directions hearing has finished.

Djokovic’s lawyer Nicholas Wood, SC, asked for Djokovic to be taken into detention in a location other than the immigration office, citing security fears and the possibility of a “media circus” after the location of his interview was broadcast during the proceedings.

“We have a genuine concern about security and a potential media circus, to be frank,” Mr Wood said.

But Judge Anthony Kelly said that could have been brought to his attention sooner.

“The obviousness of that circus might have occurred to everyone before five to 11 on Friday night. Now don’t put this at my feet,” Judge Kelly said.

Counsel for the Minister for Immigration Stephen Lloyd, SC, said detention arrangements could be agreed between the parties.

“You can’t ask me to broker this,” Judge Kelly said.

He then stood the case down for a short time.

Judge Kelly is back and handing down his orders.

One of the more significant developments from tonight’s hearing is that we heard the minister’s reason for cancelling Novak Djokovic’s visa again.

His lawyer Nicholas Wood, SC, told the court the minister believes Djokovic’s presence in Melbourne would “excite” anti-vax sentiment.

This means the cancellation was probably made under a risk to public health or good order grounds.

Mr Wood called this reasoning “patently illogical” and said removing Djokovic from the country on those grounds may well do the same thing, that is, ‘excite’ anti-vax sentiment.

We also heard that Djokovic will not be detained in immigration detention until tomorrow, after he is interviewed by border officials at 8am.

The Minister for Immigration’s legal team also said the government would not remove Djokovic from the country until after the proceedings have finished.

Novak Djokovic’s lawyers claim Immigration Minister Alex Hawke based his decision to cancel the Serbian star’s visa on the basis his presence in Australia would stoke anti-vax sentiment.

Counsel Nicholas Wood, SC, said Mr Hawke had chosen to “remove a man of good standing” from Australia and “impair” his career over comments Djokovic had made in 2020.

“He has no rational basis to say the decision he makes is up to generate a greater amount of anti-vax sentiment that he is seeking to minimise,” he said

Djokovic’s lawyer Nick Wood, SC, has foreshadowed the grounds on which they could challenge the visa cancellation.

Mr Wood told the court the minister has justified the cancellation on the basis Djokovic’s presence in Australia would excite anti-vaccination sentiment.

He said the minister has given no consideration whatsoever what the forceable removal of Djokovic may have on anti-vaccination sentiment.

Mr Wood said that is “patently irrational”.

Mr Wood said the challenge is a question largely of “interferences to be drawn from the minister’s reasons” and rationality and perversity in approach to his decision-making.