London Daily

Focus on the big picture.
Sunday, Mar 15, 2026

The Djokovic shambles highlights what refugees have long known – Australia’s ‘God powers’ are dangerously broad

The Djokovic shambles highlights what refugees have long known – Australia’s ‘God powers’ are dangerously broad

Too much discretionary, unreviewable power has been allowed to be concentrated in the hands of the immigration minister
Australia has some of the strictest border laws in the world. The immigration minister has some of the broadest, and least reviewable, powers of any of his global equivalents. The shambolic Djokovic affair has confronted Australians with the true extent of those powers, and many are bewildered.

Discretionary powers under the Migration Act enable the minister to cancel a visa – in some circumstances without affording due process – because, a “person’s past and present general conduct” suggests “the person is not of good character”; because “there is a risk that” the person’s presence represents “a danger to the Australian community … in any … way”; or because the person “might be … a risk to the health, safety or good order of the Australian community.”

The merely contingent and speculative quality of the assessments that can trigger the minister’s cancellation powers were highlighted in the Djovokic case. The minister did not have to consider whether Djovokic’s presence in Australia would in fact encourage anti-vaccination sentiment. It was enough that he be satisfied that it “might”.

Considered in the context of the other provisions – which allow the minister to cancel a visa because of reasons including being suspected of, or posing a risk of committing, various types of criminal activity; providing incorrect or untrue information; or contravening a visa condition – there is no clear justification for the breadth of these powers.

The problem is more acute because these drastic powers ultimately rest on the subjective state of mind of one person, with severely limited grounds of review by the courts. Leaving aside the Djokovic case, it may be asked, could one have their visa cancelled because the minister disagrees with their religious or political opinions? As the Australian Lawyers Alliance pointed out this week, the extraordinary powers “could see other high-profile visitors to Australia refused entry in an attempt to suppress alternate views.”

These considerations lead the UN Special Rapporteur on the Human Rights of Migrants to say that the powers granted under the Act could “risk a politicised and biased use of controls, and be in violation of the principles of legality”, because they were not matched with “the appropriate level of oversight to the country’s judiciary”. As the president of Liberty Victoria observed in the wake of Djokovic’s expulsion: “One danger of largely unfettered discretions, or ‘God powers’, is that decision making just becomes political and populist … eroding the integrity of the executive and the rule of law.”

Remarkably, the minister may overrule a contrary decision of the administrative appeals tribunal, while the minister’s decision is subject to severely limited review by the courts. There must be proof that the minister’s decision was infected by an error of law to overturn it – a notoriously difficult task, as Djokovic discovered.

Many refugees and asylum seekers have felt the full force of these powers over the years – finding themselves denied access to Australia – for reasons much less compassionate, in circumstances much more inhumane, and with consequences more drastic, than Djokovic.

Djokovic’s standing, resources and mouthpiece kept him on the front pages for a week. But what of those who don’t have those advantages, or Djokovic’s money and support?

What of the refugees and asylum seekers, fleeing genocide, war and violence, only to be detained once they arrive in Australia, possibly indefinitely, in cruel and hopeless conditions, with lengthy court delays and limited access to legal representation? Just think of those still at the Park hotel, essentially forgotten until Djokovic briefly shared their confinement.

Djokovic’s case was dealt with from start to finish in less than a week. Many refugees and asylum seekers wait months, if not years. Djokovic was allowed to leave detention while his case was pending, despite its brevity. Many refugees and asylum seekers remain locked up for much of the process. Djokovic had swift and consistent access to high quality lawyers and was allowed to meet them face-to-face. Many refugees and asylum seekers struggle to find representation and rarely meet their lawyers face-to-face. Djokovic commanded news feeds for weeks (and still does). Most of those in detention languish unnoticed.

For decades, Australians have tolerated – even encouraged – policy choices about immigration controls that favour real or imagined concerns about security over humanitarian principles.

The sorry saga of Djokovic’s visa is a vivid demonstration – if more be needed – that we have allowed too much discretionary, and essentially unreviewable, power to be concentrated in the hands of one person.

As John Adams observed, “Power must never be trusted without a check.”
Newsletter

Related Articles

0:00
0:00
Close
Prince Harry and Meghan Markle’s Planned Australia Visit Draws Mixed Reaction From Local Communities
Trump Calls on France and UK to Help Safeguard Strait of Hormuz Shipping Route
Boris Johnson Labels Bitcoin a ‘Ponzi Scheme’, Sparking Debate in Crypto World
UK Considers Targeted Aid for Vulnerable Households as Energy Costs Rise
Stellantis Urges Immediate Review of UK Electric Vehicle Sales Targets
Home Office Reverses Course to Allow Some Dual Nationals to Enter UK Using EU Passports
Reform UK Proposes Replacing Top Civil Servants With Officials Aligned to Government Agenda
Netflix Adds Critically Acclaimed ‘Best Film of 2025’ With Perfect Rotten Tomatoes Score
‘The Sums Don’t Add Up’: UK Farmers Hit by Soaring Costs as Iran War Disrupts Global Supplies
Confidential UK Biobank Health Records Found Online After Researchers Accidentally Expose Data
Trump Urges Britain and Allies to Deploy Warships to Safeguard Strait of Hormuz
Trump Urges Britain and Allies to Deploy Warships to Safeguard Strait of Hormuz
Middle East War Highlights Strategic Importance of Strong UK–Ireland Cooperation
Weak Growth Signals UK Economy Was Faltering Even Before Middle East Energy Shock
Marks & Spencer Tops UK Fashion Retail Rankings as Most Considered Brand
United States Launches Trade Investigation Into Allies Over Forced Labour Practices
United States Launches Trade Investigation Into Allies Over Forced Labour Practices
Russia Accuses Britain Over Storm Shadow Strike as London Reaffirms Ukraine’s Right to Self-Defence
Russia Accuses Britain Over Storm Shadow Strike as London Reaffirms Ukraine’s Right to Self-Defence
Royal Navy to Acquire Twenty Uncrewed Surface Vessels for Autonomous Warfare Testing
Russia Summons British and French Envoys After Ukrainian Storm Shadow Strike on Strategic Facility
Starmer Confirms Britain Will Maintain Sanctions on Russia Despite U.S. Policy Shift
UK Moves to Refine AI Definition in Investment Security Reform
UK Economy Stalls in January as Growth Unexpectedly Falls to Zero
Asian Energy Security Tested as Strait of Hormuz Disruption Threatens Oil Supplies
Iran Sets Three Conditions for Ending Regional War as Diplomatic Efforts Intensify
Tesla Secures Approval to Supply Electricity Directly to Homes Across Britain
Prince William Delivers Tribute to Australia’s Naval Alliance Amid Renewed Royal Spotlight on the Country
UK Foreign Secretary Travels to Saudi Arabia to Reinforce Support for Regional Allies
Putin’s ‘Hidden Hand’ May Be Assisting Iran in Conflict With Trump, UK Defence Secretary Warns
UK Sets April Deadline for Tech Platforms to Strengthen Online Protections for Children
Elon Musk Moves Into Britain’s Energy Market as Tesla Wins Licence to Supply Power
UK Watchdog Warns Fuel Retailers Against Profiteering Amid Iran War Price Surge
Report Claims Iran Used UK Charity Network to Expand Influence
United States and United Kingdom Establish Joint Standards for Counter-Drone Technology
Iran May Be Laying Naval Mines in Strait of Hormuz, UK Warns Amid Escalating Gulf Tensions
US Deploys Bunker-Buster Bombs to UK Airbase as Iran Conflict Intensifies
British Troops in Iraq Intercept Iranian Drones Targeting Coalition Base
Release of Mandelson Files Raises Tensions as UK Seeks Stable Relations With Donald Trump
UK Documents Reveal Starmer Was Warned About Mandelson’s Epstein Links Before Ambassador Appointment
Nearly Five Hundred UK Mortgage Deals Withdrawn in Two Days as Market Volatility Forces Lenders to Reprice
Three Cargo Ships Hit Near Iran as Attacks Spread to Strategic Strait of Hormuz
Why British Police Repeatedly Declined to Investigate Jeffrey Epstein’s UK Links
UK Parliament Ends Hereditary Seats in House of Lords, Closing Chapter on Centuries of Aristocratic Lawmaking
EU and UK Urge Israel to Act Against Rising West Bank Settler Violence Amid Regional Tensions
US Senator John Kennedy Says Keir Starmer Should Not Be Trusted for Military Advice Amid Iran War Debate
UK High Court Rejects Attempt to Revive Terrorism Charge Against Kneecap Rapper
Revolut Secures Full UK Banking Licence After Multi-Year Regulatory Wait
Kentucky’s Bench Boost Powers Wildcats Past LSU in SEC Tournament Opener
British Couple Die After Being Pulled From Water at Australian Beach During Family Visit
×