Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicant, Novak Djokovic, sought judicial review of the decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs to cancel his visa under section 133C(3) of the Migration Act 1958 (Cth). The Minister was satisfied that Djokovic’s presence in Australia posed a risk to the health, safety, or good order of the Australian community, and that it would be in the public interest to cancel his visa. The central issue was whether the Minister's satisfaction regarding the risk posed by Djokovic's presence was legally reasonable and supported by evidence. The court also considered whether the Minister's decision was logically coherent, irrational, or legally unreasonable.

The Federal Court found that the Minister's decision was legally sound and dismissed the application. The court held that the Minister's satisfaction concerning the risk posed by Djokovic’s presence was based on reasonable grounds, considering the public interest in resolving the matter swiftly and the context of the ongoing COVID-19 pandemic. The court further ruled that the Minister's decision was not illogical, irrational, or legally unreasonable, as it was supported by the evidence provided and aligned with the statutory requirements. The court emphasised that the Minister's satisfaction as to the risk was a jurisdictional fact that must be legally reasonable, which it found to be the case here.

The final orders of the court were to dismiss the amended application with costs to be agreed upon or assessed if the parties could not agree. The reasons for the judgment were to be published at a later date, in accordance with Rule 39.32 of the Federal Court Rules 2011.