On 14 January 2022, the then Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs made a decision under section 133C(3) of the Migration Act 1958 (the Migration Act) to cancel the visa of Mr Novak Djokovic on public interest grounds. A subsequent challenge to that decision was dismissed by the Full Federal Court which found that the decision was not affected by legal error.
Following the cancellation of his visa, Mr Djokovic sought revocation of the cancellation decision in accordance with the Migration Act. After considering all relevant factors, the Minister for Immigration, Citizenship, and Multicultural Affairs the Hon Andrew Giles MP decided to revoke the cancellation decision under section 133F(4) of the Migration Act. The power under section 133F(4) may only be exercised by the Minister personally.
A decision to cancel a visa under section 133C(3) may be revoked if the person satisfies the Minister that the ground for cancelling the visa no longer exists. A decision to revoke a visa cancellation does not mean the original decision to cancel was affected by error.
Since the cancellation of Mr Djokovic’s visa in January 2022, all COVID-19-related Australian border restrictions under the Biosecurity Act 2015 have been removed, including the requirement to provide evidence of COVID-19 vaccination status to enter Australia.
Mr Djokovic has subsequently been granted a temporary visa to enter Australia.