Immigration Minister Alex Hawke cancels Novak Djokovic's visa ahead of Australian Open

Novak Djokovic will not be detained or deported tonight, but will be required to attend an interview with immigration officials in Melbourne at 8am tomorrow, a court has been told.

Key points: Novak Djokovic's visa was cancelled a second time on health and public interest grounds

Novak Djokovic's visa was cancelled a second time on health and public interest grounds The Serbian star has been asked to attend an interview tomorrow with immigration officials

The Serbian star has been asked to attend an interview tomorrow with immigration officials It is understood he will be returned to detention tomorrow around midday

The cancellation of Mr Djokovic's visa by Immigration Minister Alex Hawke late this afternoon is the subject of a directions hearing in the Federal Circuit and Family Court tonight.

During the hearing, the minister's lawyer, Stephen Lloyd, indicated Mr Djokovic was likely to be taken into detention tomorrow, after he is interviewed by immigration officials and meets with his legal team.

Lawyers for Mr Djokovic flagged that they would be challenging the minister's reasons for cancelling the visa, including that allowing Mr Djokovic to stay would "excite anti-vax sentiment" in the Australian community.

Mr Djokovic's lawyer, Nick Wood, said the minister's reasons were "patently irrational" and did not consider that deporting Mr Djokovic could also stir up anti-vax sentiment.

"The reasons of the minister stand in stark contrast to the reasons that the [Australian Border Force] delegate at the airport was saying," Mr Wood told the court.

He said the minister had in fact found Mr Djokovic had complied with the law, was an individual of good standing, and that he only posed a "negligible" risk to the Australian community.

Tonight's hearing will continue after an adjournment.

Visa cancelled 'in the public interest'

Earlier, Mr Hawke said he had cancelled the 34-year-old's visa this time on "health and good order grounds, on the basis that it was in the public interest to do so".

"In making this decision I carefully considered information provided to me by the Department of Home Affairs, the Australian Border Force and Mr Djokovic," he said.

"The Morrison government is firmly committed to protecting Australia's borders, particularly in relation to the COVID-19 pandemic."

Mr Djokovic had applied for a medical exemption to enter Australia because he is unvaccinated. In his initial application, he argued he should be granted the exemption from vaccination because he had tested positive for COVID-19 in mid-December.

While he was granted the exemption by two different independent health panels — one engaged by Tennis Australia, the other by the Victorian government — upon his arrival in Melbourne late on January 5, he was detained by Australian Border Force officials.

Hours later he had his visa cancelled on the grounds that he did not meet the federal entry requirement of being double-vaccinated.

It is understood the tennis star's legal team is considering the decision and Djokovic's options.

But the timing of the decision may make that difficult, given the tournament is due to begin in three days.

Mr Hawke had been considering whether to personally intervene since Monday, when Mr Djokovic won a reprieve in a court case that reversed the earlier decision to cancel his entry visa.

Prime Minister Scott Morrison said the decision was was a way of protecting the sacrifices Australians had made during the pandemic.

"This pandemic has been incredibly difficult for every Australian but we have stuck together and saved lives and livelihoods," he said.

"Australians have made many sacrifices during this pandemic, and they rightly expect the result of those sacrifices to be protected.

"This is what the minister is doing in taking this action today.

"Our strong border protection policies have kept Australians safe, prior to COVID and now during the pandemic."

Mr Morrison said he would not make any further statements given the "expected ongoing legal proceedings".

Mr Hawke's decision has also left a cloud of doubt over the Australian Open, which is set to begin next week in Melbourne.

The world number one men's tennis player was included in yesterday's Australian Open draw and was set to face fellow Serbian Miomir Kecmanovic in the first round of the tournament on Monday.

Since his court win on Monday questions had also been raised about whether the 34-year-old lied on a border entry form about his travel in the two weeks before he arrived in Australia.

In a statement on Instagram he said his team filed the document and the mistake was a "human error", and he had provided additional information to the government for the minister to consider.

'High wire act from the government'

A former deputy secretary of the Immigration Department, Abul Rizvi, said he was surprised by tonight's visa cancellation, describing it as a "high wire act from the government".

"At stake is Australia's international reputation. At stake is the government's reputation if it loses this case, which will now go to judicial review," Mr Rizvi told ABC Radio Melbourne.

"I have no doubt Mr Djokovic's lawyers will take this urgently to the courts.

Mr Rizvi said Australia law required that Mr Djokovic be taken into detention.

"The minister [Alex Hawke] can, if he chooses to, release Mr Djokovic on a bridging visa, if he decides that is appropriate in the circumstances, that is not impossible.

"But, given the government is determined to show it's strong on borders and it's tough on these issues, perhaps that's not a choice the minister will make."

Mr Rizvi said the key words for him in Mr Hawke's statement were that the decision was on "public interest" grounds.

"That is the test that the court will apply," he said.

"Was it in the public interest for the minister to cancel this visa?"

He said that any legal proceedings would inevitably get "arcane and complex" because what Australia law defines as the public interest is a difficult issue.

Mr Rizvi also said it was possible Mr Djokovic could apply for a bridging visa and the minister might grant that.

However, he said, it was more likely that Mr Djokovic's lawyers would apply to the court to direct the minister to grant the Serbian star a bridging visa that would enable him to play in the Australian Open while a court considers his appeal.

"Unless he leaves the country of his volition, which seems unlikely, I suspect the appeal may take some time."