I have today exercised my authority under Section 133C(3) of the Migration Act to cancel the visa held by Mr. Novak Djokovic on grounds of health and good order, on the grounds that 'it was in the public interest to do so
,' said Alex Hawke, the Minister of Immigration, on Friday.
The Serb is reportedly under threat of a three-year ban from entering Australia.
Australian Open: men's schedule and results
Australian Open: ladies schedule and results
In the home stretch before the Australian Open (January 17-30), Novak Djokovic is therefore deprived of his visa for the second time.
His lawyers are preparing to file an immediate injunction against the decision, according to
Janina Boughey, associate professor of public law at the University of New South Wales Sydney, however, explained in
that Novak Djokovic will have little chance of reversing the decision. And to explain that "
the minister has a wide discretionary power (so wide that former immigration minister Chris Evans called him 'divine'), and that all Djokovic could do is is to seek judicial review in the courts to find out whether the Minister's power has been exercised lawfully. Unless the Minister makes a procedural error, does not comply with the provisions of the law and the decision is truly unfounded, it is unlikely that Mr. Djokovic will win his case.
Mary Anne Kenny, associate professor at Murdoch University Law School, added on The Conversation website "
the minister's personal powers are non-binding powers and that, if exercised correctly, the minister's decisions will not can be reviewed by the courts.