Was Novak Djokovic’s Australian visa lawfully cancelled?

The questions and issues raised in Novak Djokovic’s court hearing highlight just how difficult it is for travellers to understand when they can or can’t enter Australia.

Djokovic’s Temporary Activity visa was cancelled under section 116(1)(e) on the basis that, as an unvaccinated person, he presents “a risk to the health, safety or good order of the Australian community or a segment of the Australian community.”

This is an incredibly broad cancellation power, one that could theoretically catch out any temporary visa holder in Australia. Who can definitively say they do not pose any kind of risk to any part of the Australian community at any time?

The Australian Government is clear that they will decide who enters this country. They also have the power to decide who will stay in this country.

This case may then open the floodgates for delegates to cancel the visa of any unvaccinated temporary visa holder in Australia without medical contraindication.

Contact Tang Law for expert advice if the above may affect you.

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