Today I exercised my power under section 133C(3) of the Migration Act to cancel the visa held by Mr Novak Djokovic on health and good order grounds, on the basis that it was in the public interest to do so.
This decision followed orders by the Federal Circuit and Family Court on 10 January 2022, quashing a prior cancellation decision on procedural fairness grounds.
In making this decision, I carefully considered information provided to me by the Department of Home Affairs, the Australian Border Force and Mr Djokovic.
The Morrison Government is firmly committed to protecting Australia’s borders, particularly in relation to the COVID-19 pandemic.
I thank the officers of the Department of Home Affairs and the Australian Border Force who work every day to serve Australia’s interests in increasingly challenging operational environments.
The Minister for Immigration has broad discretionary powers to cancel visas where it is in the public interest to do so, including relying on a health, safety or good order basis.
Following an adverse decision under section 133C(3), the affected person would not be able to be granted a visa (while offshore) for a period of three years, except in certain circumstances. Certain circumstances include, compelling circumstances that affect the interests of Australia or compassionate or compelling circumstances affecting the interests of an Australian citizen, permanent resident or eligible New Zealand citizen.