Following Djokovic's court victory yesterday against the Australian federal government which saw Judge Anthony Kelly order that he be released immediately from detention and his visa reinstated, Australian Immigration Minister Alex Hawke has the authority to still deport the World's Number 1 tennis player and deprive him of his opportunity to play at the Australian Open for a potential 10th grand slam title.
A spokesperson for the Immigration Minister said late last night that "it remains within Immigration Minister Hawke's discretion to consider cancelling Mr Djokovic's visa under his personal power of cancellation within section 133C(3) of the Migration Act."
"The Minister is currently considering the matter and the process remains ongoing," they said.
Interestingly, given the warm ties between Serbs and Greeks with many a Greek flag waving yesterday in support of Djokovic, Minister Hawke is of Greek heritage from his mother's side as his maternal grandparents migrated from Greece in 1953. His mother died when he was 10 years old and he was raised by his father.
In his first speech to the Australian Parliament in February 2008, Hawke said he was proud of his Greek heritage and that his yiayia voted Liberal for the first time at the 2007 federal election:
"My family is part of that great Australian story of post World War II migration. I pay tribute to my grandparents who worked so hard on their arrival from Greece in a new land. They succeeded in building a strong and extended family through difficult times. Today our family consists of small business proprietors, property owners and loving families. As a believer in the importance of the individual and as a person who has spent the odd occasion counting votes, I note that my grandma, Yaya, who is also here today in the gallery, has voted Labor at every election since her arrival in Australia in 1953. However, after my selection as a candidate, Yiayia voted Liberal for the first time at the 2007 federal election."
Following is the full transcript of the interview between Novak Djokovic and Australian Border Force officials at Melbourne International Airport:
Transcript excerpt 1: Vaccination status and COVID tests - section of interview begins at 12.21am
The interviewer starts by running through a series of procedural questions, including asking about his identity, citizenship and health and safety and also includes a caution warning him he could be prosecuted if he provides any forged documents. He then continues:
INTERVIEWER: Thank you. So when I ask you what were your reasons for travelling to Australia today?
DJOKOVIC: I'm a professional tennis player and the main reason for me coming to Australia is participating in the Australian Open in Melbourne, Victoria.
INTERVIEWER: Thank you. Now question regarding your vaccination, are you vaccinated...
DJOKOVIC: I am not vaccinated.
INTERVIEWER: ... for COVID-19? Not vaccinated?
DJOKOVIC: I am not vaccinated.
INTERVIEWER: Thank you. Have you ever had COVID?
DJOKOVIC: Yes.
INTERVIEWER: So when did you?
DJOKOVIC: I had COVID twice, I had COVID in June 2020 and I had COVID recently in - I was tested positive - PCR, the 16th of December 2021...
Djokovic and the interviewer then enter discussions about his documentation and whether it was the federal government or Victorian government who had issued him with a travel document declaration.
The player describes how it was his manager that provided the evidence of his positive and negative PCR tests and antibodies which he claims were reviewed by Tennis Australia's medical panel and the state of Victoria.
He tells the interviewer he is allowed to have access to Australia "with a medical exemption permission", but admits he doesn't have anything on him from the federal government.
This part of the interview, sometime between 12.46am and 12.52am, continues:
INTERVIEWER: ... the thing is, like you [inaudible] come to Australia and it is pretty much governed by federal government.
DJOKOVIC: This I understand. This I understand. So do you need any additional documents from me?
INTERVIEWER: Yeah, if you are claiming that you did receive emails from federal government...
DJOKOVIC: Ok.
INTERVIEWER: ... because, yeah, we want to give you every opportunity to provide as much information as you can.
DJOKOVIC: Alright. Ok. So, no, we did not get any emails from the federal government.
At 12.52am the interview is suspended, then, when the interview begins again at 3.55am, Djokovic is told by the interviewer that he is being issued with a "notice of intention to consider cancellation of your visa".
