Novak Djokovic loses visa appeal and will not play in the Australian Open with tennis star set to be deported

Novak Djokovic has failed in his bid to remain in Australia and the tennis star will now be deported.

As a result of the verdict to cancel his visa, he will not compete in the Australian Open, which begins on Monday, where he had been hoping to win a record 21st Grand Slam.

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In addition to not competing this year, the decision could also mean, barring further legal action, that 34-year-old Djokovic may be unable to travel to Australia for three years.

"I will now be taking some time to rest and recuperate before making any further comments," he said in a statement.

"I am extremely disappointed with the Court ruling to dismiss my application for judicial review of the Minister’s decision to cancel my visa, which means I cannot stay in Australia and participate in the Australian Open.

"I respect the Court’s ruling and I will cooperate with the relevant authorities in relation to my departure from the country.

"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.

"Finally, I would like to thank my family, friends, team, supporters, fans and my fellow Serbians for your continued support. You have all been a great source of strength to me."

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Three judges deliberated for a little over two hours before Chief Justice Allsop delivered the verdict just before 6pm in Melbourne having heard submissions from both parties earlier in the day.

Immigration Minister Alex Hawke re-cancelled Djokovic's visa on Friday using personal powers after the world number one had won an appeal against the initial decision to bar him from the country when he arrived last week.

Djokovic, from Serbia, had been due to face compatriot Miomir Kecmanovic on Monday and will now be replaced in the draw by Salvatore Caruso.

Hawke's decision on Friday was unexpectedly based not on the validity or otherwise of Djokovic's exemption from Covid-19 vaccination, which was the reason for the initial cancellation, but on the notion his presence in the country could stoke anti-vaccination sentiment, making him a danger to public health, as well as civil unrest.

To succeed in an appeal, Djokovic's legal team had to prove that Hawke had either acted outside his powers or that his decision was irrational, and Chief Justice Allsop made a point of stressing the judges were not able to assess the merits of the case.

Nick Wood, acting for the Serbian, focused on three aspects - that there was no evidence his presence would stoke anti-vaccination sentiment, that evidence was also lacking for the idea Djokovic opposes vaccination and that Hawke had not considered whether deporting the nine-time Australian Open champion would lead to increased support for the anti-vaccination cause.

Wood said: "Not a single line of evidence in the material provided any specific or logical foundation whatsoever that the mere presence of Mr Djokovic in Australia in itself may somehow foster anti-vaccination sentiment."

A crowd of Djokovic supporters gathered outside the Federal Court to await the announcement and there was silence when the decision came.

Fellow pro Nick Kyrgios reacted by posting a facepalm emoji on Twitter.