Novak Djokovic's stance could weaken Australia's Covid-19 safety adherence, lawyer says

Three Federal Court judges will decide the fate of the world No 1 on Sunday to determine whether Serb can remain to defend his Australian Open title

Novak is appealing Immigration Minister Alex Hawke's use of discretionary powers to cancel his visa again on the grounds that he was a threat to public order because his presence would encourage anti-vaccination sentiment amidst Australia's worst outbreak of the virus. AFP

Serbian tennis player Novak Djokovic departs the Park Hotel while under immigration detention, to convene with his legal team after his visa to play in the Australian Open was cancelled a second time, in Melbourne, Australia, January 16, 2022. Reuters

Three Federal Court judges will decide the fate of the world No 1 after a rollercoaster 10 days that saw him detained by immigration authorities, released and then detained again ahead of a tournament that starts on Monday. Reuters

Supporters of Serbian tennis player Novak Djokovic gather outside the offices of Djokovic's legal team, as they listen to an audio court hearing. Getty Images

Supporters of tennis player Novak Djokovic wave national flags as they gather in front of Federal Court building in Melbourne. AFP

Goran Zabic, a Serbian supporter of tennis player Novak Djokovic, arrives in front of the office of Djokovic's lawyers on January 16, 2022 in Melbourne, Australia. Getty Images

Supporters of Serbian tennis player Novak Djokovic hold their flags outside the Federal Court building in Melbourne. AP Photo

Serbian tennis player Novak Djokovic departs the Park Hotel while under immigration detention, to convene with his legal team. Reuters

Serbian tennis player Novak Djokovic is photographed as he is transported from an Immigration Hotel in Melbourne. EPA

The Serb, 34, was escorted to his lawyers office by immigration officials to attend the virtual court hearing on Sunday morning, having spent Saturday night back in an immigration detention hotel in Melbourne. Getty Images

Media attempt to photograph Serbian tennis player Novak Djokovic as he is transported from an Immigration Hotel in Melbourne, Australia. EPA

Serbian tennis player Novak Djokovic departs the Park Hotel while under immigration detention. Reuters

Supporters of Serbian tennis player Novak Djokovic gather outside the offices of Djokovic's legal team on January 16, 2022 in Melbourne, Australia. Djokovic lost his attempt to overturn his deportation with the judges ruling unanimously to uphold the Australian government decision to cancel his visa. Getty Images

Members of the media wait outside the car park of the office of the legal team of Serbian tennis player Novak Djokovic. Getty Images

Supporters of Novak Djokovic hold national flags as they gather in front of Federal Court building . AFP

Lawyers argued over what impact Novak Djokovic would have on support for vaccination in Australia as the Federal Court was set to decide on Sunday whether or not the unvaccinated tennis superstar can stay and defend his Australian Open title.

Three Federal Court judges will decide the fate of the world No 1 after a rollercoaster 10 days that saw him detained by immigration authorities, released and then detained again ahead of a tournament that starts on Monday.

Djokovic is appealing Immigration Minister Alex Hawke's use of discretionary powers to cancel his visa again on the grounds that he was a threat to public order because his presence would encourage anti-vaccination sentiment amidst Australia's worst outbreak of the virus.

The Serb, 34, was escorted to his lawyers office by immigration officials to attend the virtual court hearing on Sunday morning, having spent Saturday night back in an immigration detention hotel in Melbourne.

Nick Wood, acting for Djokovic, pointed to how the player competed in the Australian Open and other major tournaments around the world last year without provoking protests or unrest.

"If there was any foundation for thinking that Mr Djokovic's presence and participation at a tennis tournament might somehow lead to this anti-vax sentiment, one would expect that it would be supported by some kind of evidence about anti-vax protests or rallies or the like at tennis events," Wood said.

But Wood told the court that nothing of the kind had been identified by the minister in his decision to cancel the visa.

Wood said that instead the possibility was a forced removal of Djokovic may spur the anti-vaccination movement and protests.

Stephen Lloyd, for the government, said Djokovic's opposition to vaccination could be seen not only in his public statements but also because he had not been vaccinated against Covid-19 even after vaccines became widely available.

The government lawyer acknowledged that there was a risk that cancelling Djokovic's visa could spark "unrest" among people who disagreed.

But, Lloyd argued that given Djokovic's status as a high-profile athlete, there was a danger that his stance and behaviour could encourage others outside the established anti-vaccination community to flout health safety guidelines.

"The minister took the view that his presence in Australia would encourage people to emulate his apparent disregard for those kind of safety measures," Lloyd said.

He cited Djokovic's participation in a media interview and photoshoot when he knew he was infected with Covid-19 last month.

Novak Djokovic plays a backhand during a practice session ahead of the 2022 Australian Open at Melbourne Park on January 14, 2022. Getty Images

Novak Djokovic plays a forehand during a practice session ahead of the 2022 Australian Open at Melbourne Park. Getty Images

Novak Djokovic looks on during a practice session ahead of the 2022 Australian Open at Melbourne Park. Getty Images

Novak Djokovic during a practice session ahead of the 2022 Australian Open at Melbourne Park. Getty Images

Novak Djokovic plays a backhand during a practice session ahead of the 2022 Australian Open at Melbourne Park. Getty Images

Novak Djokovic plays a backhand during a practice session ahead of the 2022 Australian Open at Melbourne Park. Getty Images

Novak Djokovic plays a backhand during a practice session ahead of the 2022 Australian Open at Melbourne Park. Getty Images

Novak Djokovic during a practice session ahead of the 2022 Australian Open at Melbourne Park. Getty Images

Novak Djokovic plays a forehand during a practice session ahead of the 2022 Australian Open at Melbourne Park. Getty Images

Novak Djokovic plays a backhand during a practice session ahead of the 2022 Australian Open at Melbourne Park. Getty Images

Novak Djokovic in action during a practice session ahead of the 2022 Australian Open at Melbourne Park. Getty Images

Novak Djokovic serves during a practice session ahead of the 2022 Australian Open at Melbourne Park. Getty Images

Novak Djokov hits a serve during a practice session ahead of the 2022 Australian Open at Melbourne Park. Getty Images

Novak Djokov hits a serve during a practice session ahead of the 2022 Australian Open at Melbourne Park. Getty Images

Djokovic had been granted a visa, as his recent infection provided the basis for him seeking a medical exemption from Australia's vaccination requirements to play in the Open.

That exemption prompted widespread anger in Australia, which has undergone some the world's toughest Covid-19 lockdowns and where more than 90 per cent of adults are vaccinated.

Djokovic is clinging on to hopes playing in the Australian Open which begins on Monday, where he was last week named top seed in the men's draw. If he were to win the tournament for a record-extending 10th time, he would become the first men's player to win 21 Grand Slam titles.

Djokovic spent Saturday night at Melbourne's Park Hotel, returning to the same immigration detention hotel where he was held for several nights after his arrival in Australia.

A judge had freed him on Monday after finding the decision to cancel his visa on arrival had been "unreasonable".

Members of the Serbian community march in Melbourne, Australia. Serbian tennis player Novak Djokovic was to be released from an immigration detention center in Melbourne after an order by the Federal Circuit Court. The tennis world number one had been staying in a hotel-turned-detention center after his visa was revoked upon landing in Australia. EPA

A member of the press lies on the ground after sustaining an injury during clashes between the Serbian Community and Victorian Police officers in Melbourne, Australia. Djokovic was to be released from an immigration detention center in Melbourne after an order by the Federal Circuit Court. The tennis world number one had been staying in a hotel-turned-detention center after his visa was revoked upon landing in Australia. EPA

Members of the local Serbian community play music and dance outside the legal offices where Serbia's tennis champion Novak Djokovic is in with his legal team in Melbourne. AFP

Members of the local Serbian community play music and dance outside the legal offices where Serbia's tennis champion Novak Djokovic is in with his legal team in Melbourne. AFP

Members of the local Serbian community play music and dance outside the legal offices where Serbia's tennis champion Novak Djokovic is in with his legal team in Melbourne on January 9, 2022. (Photo by William WEST / AFP)

Members of the Serbian community march in Melbourne, Australia. Serbian tennis player Novak Djokovic was to be released from an immigration detention center in Melbourne after an order by the Federal Circuit Court. The tennis world number one had been staying in a hotel-turned-detention center after his visa was revoked upon landing in Australia. EPA

Members of the local Serbian community play music and dance outside the legal offices where Serbia's tennis champion Novak Djokovic is in with his legal team in Melbourne. AFP

epa09677057 Members of the Serbian community march in Melbourne, Australia. Serbian tennis player Novak Djokovic was to be released from an immigration detention center in Melbourne after an order by the Federal Circuit Court. The tennis world number one had been staying in a hotel-turned-detention center after his visa was revoked upon landing in Australia. EPA

epa09677043 Members of the Serbian community taunt Victorian Police officers after Novak Djokovic was allegedly taken away in a vechile from his lawyer's office in Melbourne. Djokovic was to be released from an immigration detention center in Melbourne after an order by the Federal Circuit Court. The tennis world number one had been staying in a hotel-turned-detention center after his visa was revoked upon landing in Australia. EPA