Novak Djokovic to Face Hefty Legal Fees for Australia’s Visa Failure

Novak Djokovic to Face Hefty Legal Fees for Australia’s Visa Failure
Serbian tennis player Novak Djokovic speaks with Serbia's President in Belgrade, Serbia, on Feb. 3, 2022. (Zorana Jevtic/Reuters)
2/15/2022
Updated:
2/15/2022

Novak Djokovic is facing an estimated legal cost of up to $360,000 for his visa cancellation saga in Australia, but the final figure has yet to be announced, a Senate estimates hearing revealed on Monday night.

The Department of Home Affairs was ordered to pay the legal costs for the first Federal Court matter after the judge revoked the Australian government’s decision to cancel the unvaccinated tennis star’s visa.

But Djokovic would need to pay the costs after he lost in a battle against Immigration Minister Alex Hawke, who used personal power to cancel his visa on the grounds that Djokovic’s stance on vaccination could fuel “anti-vaccination sentiment.”

“Hopefully, they’ll net out to zero,” Home Affairs secretary Michael Pezzullo said during the hearing.

The department’s legal group manager Pip De Veau said that the fees did not take into account the division of legal costs awarded in both court stoushes.

“The combined estimate at this stage was in the vicinity of $360,000 without any awards going either way,” she said during the hearing.

“That includes external legal expenses and legal expenses internally.”

“Costs were awarded against the department in the first proceedings; costs were awarded for the department in the second.”

“We’ll need to get the invoices and make the determination in consultation with Mr Djokovic’s lawyers as to how those two cost orders are sorted out.”

Djokovic told BBC on Tuesday that he would rather choose to be barred from tennis competitions than be coerced into getting a COVID-19 jab.

“Yes, that is the price that I’m willing to pay,” he said. “I was never against vaccination... but I’ve always supported the freedom to choose what you put in your body.”

The nine-time titleholder used a recent COVID-19 infection to gain a medical exemption but was denied entry by Australian Border Force officials and sent to a detention hotel.

Federal Circuit Court Judge Anthony Kelly on Jan. 10 quashed the visa cancellation, saying Djokovic was given insufficient time to speak to Tennis Australia officials and to lawyers to respond to being told of the intent to cancel his visa.

Following his detention centre release, the No. 1 tennis player went back to training, stating he wanted to stay and compete at the Australian Open.

On Jan. 14, Hawke cancelled Djokovic’s visa for his vaccination status, prompting an appeal by Djokovic, which the Federal Court later dismissed.

Federal Judge James Allsop noted that the decision of the Commonwealth judicial branch wasn’t about whether a minister from the executive branch made the right decision to deny entry to the tennis star, but about whether Hawke’s decision was lawful or legal in the context of the three grounds put forward by Djokovic’s appeal.

In a statement, Djokovic said that while he respected the ruling, he was “extremely disappointed with the court ruling … which means I cannot stay in Australia and participate in the Australian Open.”

“I am uncomfortable that the focus of the past weeks has been on me, and I hope that we can all now focus on the game and tournament I love.

“I would like to wish the players, tournament officials, staff, volunteers and fans all the best for the tournament.”