Australian Government against Djokovic: Foreigners Beware!

Abstract

The cancellation of Novak Djokovic`s visa to compete in the tennis tournament in January 2022 has spurred a global debate on the legitimacy of the COVID-19 anti-pandemic measures which interfere with individual freedom not to follow the recommendations of the epidemiological profession and governments. To investigate the limits of the executive`s discretion to take emergency measures for the protection of public health, this example analyzes the procedural and substantive aspects of decisions that have struck this famous tennis player. Utilising universally accepted theoretical stances on the rule of law and the application of international human rights standards, this paper investigates the legal basis, argumentation and legal consequences of the decisions of the Australian government and the Federal Court. The results of the research indicate that the decisions may be justified by the public interest. However, the unfavourable treatment of foreigners cannot be justified. They cannot rely upon guarantees of human rights and the rule of law, because of judicial non-application of relevant international standards, vague immigration laws, a broad interpretation of executive powers and narrow judicial review.

Keywords: rule of law, discretion, public health, pandemic, judicial review

JEL Classification: K37, K41, K33