CNN spoke to Australia’s former Deputy Immigration Minister Abul Rizvi to get the following guidance on the options that are now open to Djokovic while Australia’s Immigration Minister Alex Hawke has his visa revoked.
Minister exercised his powers under Section 133(c) Migration Act, which empowers him to cancel the visa on prescribed grounds section 116 of the Migration Act.
Djokovic and his legal team will now receive a ‘Notice of Cancellation Decision’ containing relevant information about the grounds for revoking their visas.
Djokovic on receiving this notice the wanted to be detained as prescribed in section 189 Australia’s Migration Act, which states that “if an officer knows or reasonably suspects that a person in a migration area (other than a produced offshore location) is a non-citizen, the officer must be detained.”
If that happens, an interim order would be needed to grant 34-year-old Djokovic’s lawyers the right to work as well as a bridging visa from the courts to release him from custody so he can play at the Australian Open.
For a period of 28 days, Djokovic’s legal team can now make further representations to the minister himself for the cancellation.
Djokovic’s legal team may pursue both courses of action in conjunction, they are not exclusive. Since his team has already given representation to the minister in this matter, he is unlikely to go down that route again.
Now the top priority of Djokovic’s legal team will be to get an interim order from the courts to get the 34-year-old out of custody (if it happens) so that he can play at the Australian Open.
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