Novak Djokovic has said he is 'extremely disappointed' after losing his judicial review against the cancellation of his Australian visa.
The tennis star will now be deported from the country, so will not be defending his title at the Australian Open.
The verdict came from Chief Justice James Allsop came following a unanimous decision from the three judges hearing the case at the Federal Court of Australia on Sunday.
It means the nine-time champion is now also banned from Australia for three years – although that can be waived.
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Djokovic had the option of trying to take the legal fight further but said in a statement he would cooperate with the deportation.
He said: "I would like to make a brief statement to address the outcomes of today’s court hearing. I will now be taking some time to rest and to recuperate, before making any further comments beyond this.
"I am extremely disappointed with the ruling to dismiss my application for judicial review of the minister’s decision to cancel my visa, which means I cannot stay in Australia and participate in the Australian Open.
"I respect the court’s ruling and I’ll cooperate with the relevant authorities in relation to my departure from the country.
"I am uncomfortable that the focus of the past weeks has been on me and I hope that we can all now focus on the game and tournament I love. I would like to wish the players, tournament officials, staff, volunteers and fans all the best for the tournament.
"Finally, I would like to thank my family, friends, team, supporters, fans and my fellow Serbians for your continued support.
"You have all been a great source of strength to me."
Immigration Minister Alex Hawke re-cancelled Djokovic’s visa on Friday using personal powers, after the world number one had won an appeal against the initial decision to bar him from the country when he arrived last week.
Djokovic, who spent another night at the Park detention hotel on Saturday, had been due to face compatriot Miomir Kecmanovic on Monday and will now be replaced in the draw by a lucky loser.
Hawke’s decision on Friday was unexpectedly based not on the validity or otherwise of Djokovic’s exemption from Covid-19 vaccination, which was the reason for the initial cancellation.
It was instead based on the notion his presence in the country could stoke anti-vaccination sentiment, making him a danger to public health, as well as civil unrest.
To succeed in an appeal, Djokovic’s legal team had to prove that Hawke had either acted outside his powers or that his decision was irrational.
Chief Justice Allsop made a point of stressing the judges were not able to assess the merits of the case.
Nick Wood, acting for the Serbian, focused on three aspects – that there was no evidence his presence would stoke anti-vaccination sentiment, that evidence was also lacking for the idea Djokovic opposes vaccination and that Hawke had not considered whether deporting the nine-time Australian Open champion would lead to increased support for the anti-vaccination cause.
Wood said: “Not a single line of evidence in the material provided any specific or logical foundation whatsoever that the mere presence of Mr Djokovic in Australia in itself may somehow foster anti-vaccination sentiment.”
