World No. 1 left the country after court upheld 'public interest'
The Federal Circuit and Family Court of Australia (FCFCOA) has recently ordered to transfer the case of professional tennis player Novak Djokovic to the Federal Court.
The FCFCOA ruled that the transfer would "assist to minimise [the] dedication of resources and incurring of significant costs, including avoidance of appeals."
Djokovic, a Serbian citizen, had been granted a Temporary Activity (Subclass 408) visa before he arrived in Australia on 5 January to participate in the Australian Open. He made a travel declaration that the Department of Home Affairs assessed and Tennis Australia also gave a copy of his medical exemption for COVID-19 vaccination. According to a report done by the BBC, Djokovic has expressed his hesitation over vaccines in the past.
Djokovic said he was entitled to "quarantine-free entry into and travel in [the country]" for the duration of the visa but a day after his arrival, a delegate of the Minister for Home Affairs decided to cancel his visa. Djokovic was immediately placed in detention.
After challenging the delegate's decision, on 10 January, it was quashed and he was released from detention. On 14 January, the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs cancelled his visa based "on health and good order grounds, on the basis that it was in the public interest to do so."
Before the FCFCOA, Djokovic said that the Minister's decision under the Migration Act is "tainted by material jurisdictional error" should be quashed. He argued that he fulfilled all the necessary visa requirements.
Last week, the FCFCOA released a decision that included an order to transfer the case to the Federal Court to minimise resources and costs. If the Federal Court decides not to confirm the transfer, it will be remitted immediately to the FCFCOA for hearing and determination.
The Australian Open started on 17 January and Djokovic has arrived back in Serbia where he returned to "a hero's welcome," Reuters reported. "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 the tournament I love," Djokovic said.
