After an emergency court hearing on Friday night prevented his immediate deportation, he is expected to appear at immigration offices or another location on Saturday morning and be formally detained. He cannot be removed from Australia while the legal action is afoot.
Mr Hawke said he had power under section 133C(3) of the Migration Act to cancel the visa held by Djokovic “on health and good order grounds, on the basis that it was in the public interest to do so.”
“This decision followed orders by the Federal Circuit and Family Court on 10 January 2022, quashing a prior cancellation decision on procedural fairness grounds,” he said.
“In making this decision, I carefully considered information provided to me by the Department of Home Affairs, the Australian Border Force and Mr Djokovic.
“The Morrison government is firmly committed to protecting Australia’s borders, particularly in relation to the COVID-19 pandemic.”
The personal powers granted to the Immigration Minister to cancel visas are extremely broad.
SMH