Novak Djokovic faces the risk of being barred from re-entering Australia for three years if his bid to overturn his cancelled visa fails.
Djokovic was transported to a Melbourne hotel earlier today and could be sent back to Serbia within hours unless his lawyers can stop the deportation.
A Federal Court challenge is expected this afternoon.
Experts claim his bid to reverse the decision will likely collapse and could lead to him being locked out of the country for three years.
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Professor of Public Law at University of Sydney, Mary Crock, was quoted by the NCA Newswire today, warning: “The law on this is very weighted in favour of the government of the day.”Conversely, if you apply for the wrong visa, the discretion to be granted another visa at the point of entry is very limited.
“And if a visa has been cancelled, the consequences of that are very long term – both for Australia and any other country he enters, because you are always asked ‘have you been deported or excluded’.
“If he’s deported from Australia, there’s a potential he could be excluded for three years.”
Another option could be to send Djokovic home, allow him to amend his visa application then return to Melbourne.
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Speaking in a press conference on the matter this morning, Prime Minister Scott Morrison revealed there had never been an exemption in place and Djokovic’s proof of a medical exemption was “insufficient”.
“I want to thank the Border Force officers for doing their job implementing the Government’s policies… entry with a visa requires double vaccination, or a medical exemption,” he said. “I am advised that such an exemption was not in place, and as a result he is subject to the same rule as anyone else.
“I also want to stress, that ultimately, this is the responsibility of the traveller. It is for the traveller to be able to assert and back up their ability to come into the country consistent with our laws.
“They can take advice, but it is up to them at the end of the day, and if they do not comply with the rules, that the Australian Border Force will do their job, and they have done their job (in this case).
“This is nothing about any one individual, it is simply a matter of following the rules, and so those processes will take their course, over the next few hours, and that event will play out as it should.”
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