Immigration Minister, Alex Hawke made headlines in January when he cancelled international tennis star, Novak Djokovic’s visa.
There were many issues surrounding the whole situation. As reported in the media, there was confusion about the visa and the stance of the federal and state governments, the role Tennis Australia played as well as the vaccination issue.
Granting visas comes under federal jurisdiction. The states or any other organisation for that matter are not involved in visa processing, nor do they have any input or influence.
A visa is granted when all criteria pertaining to the visa application is met. Once a visa is approved it is up to the applicant to ensure they have all supporting and correct documentation when they arrive at the Australian border. Failure to produce the relevant documentation is cause for a visa to be cancelled.
While Djokovic’s visa was granted so he could play in the Australian Open, it’s believed that the application contained false information therefore upon arrival in Australia he was questioned and held in immigration detention. Over the course of a week which saw visa cancellations and appeals, Alex Hawke finally made the decision to deport Novak Djokovic. While many didn’t agree with his decision or reasons for doing so, their opinion is irrelevant. The immigration minister has very broad powers and can do what he wants.
The law in Australia is very clear – if you want to come to Australia, you need to be vaccinated or have a valid medical exemption. In the case of Novak Djokovic, he refused to reveal his vaccination status and he didn’t have a valid medical exemption as previously stated.
It seems this issue may come up again, with artist Ye (formally Kanye West) wanting to tour Australia in March but not willing to reveal his vaccination status. Scott Morrison has warned him if he isn’t vaccinated, he can’t enter Australia.
When it comes to entering Australia, anyone not following the rules but thinking their circumstances are different and they may get a positive outcome should think twice before trying their luck. Often in cases where a visa has been cancelled by the immigration minister, the question raised before the courts is, ‘Does the immigration minister have the power to make that decision?’ The answer is always ‘Yes he does.’
Whether you’re a celebrity, someone wanting to come to Australia on a working visa or for a holiday, the same rules apply. No one is above the law regardless of their celebrity.
If you would like to speak to a registered migration agent about any aspect of migration call Visa Solutions on 1800 828 008 or send us an email.
