London Daily

Focus on the big picture.
Wednesday, Oct 14, 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
MI5 Warns of Rising Russian and Iranian Sabotage Threats to British Military Facilities
UK Prime Minister Andy Burnham Pledges Closer EU Ties as MI5 Reveals Russian Brexit Interference
UK Orders Security Review Following Reported Killing of Former Politician Ann Widdecombe
UK Prime Minister Andy Burnham Meets German Chancellor Merz to Strengthen European Security Ties
Nearly 100,000 NHS Patients Treated in Hospital Corridors as England Braces for Winter Pressures
UK Government Rejects US-Russia Diesel Agreement and Reaffirms Sanctions Against Moscow
UK and Germany Agree to Deepen Security and Economic Cooperation Following Berlin Talks
British Prime Minister Burnham Pledges Closer EU Ties During Visit to Germany
UK Announces New Sanctions on 17 Russia-Linked Entities During Foreign Secretary's Ukraine Visit
UK and Germany Finalize Kensington Treaty to Strengthen Defense and Technology Cooperation
Britain Maintains Diplomatic Mission in East Jerusalem Despite Israeli Closure Deadline
English Councils Push Government to Rethink Proposed Funding Cuts
Scottish Homebuilding Falls to Lowest Level in 11 Years
BBC Chief Matt Brittin Defends Restructuring as Staff Challenge Job Cuts
UK Finance Warns High Energy Costs and Bond Yields Are Complicating Fiscal Outlook
UK Adopts All 44 Recommendations on Regulating AI in Healthcare
Chancellor John Healey Prepares Autumn Budget as Borrowing Costs Strain Public Finances
UK Investigators See Strong Indications of Iranian Link After RAF Fairford Security Operation
Laura Trott Pledges Tighter Controls on Political Activism in UK Classrooms
Welsh Ministers Launch Long-Term Review of North Wales and Anglesey Crossings
Welsh Government Orders 18-Month Study of Road Solutions Around Newport
Reform UK MP Sarah Pochin Faces Scrutiny Over £800,000 Second Home Purchase
British Households Grow More Concerned About Fuel and Energy Prices
NHS Leaders Warn of Rising Winter Pressure on Emergency Departments
Kemi Badenoch Proposes £2.3 Billion Employer National Insurance Cut for Young Workers
Middle East Conflict Could Erase UK Fiscal Headroom, Economists Warn
Manchester City Found Guilty of Multiple Premier League Financial Rule Breaches
UK Security Services Find Strong Indications of Iranian Role in RAF Fairford Incident
Costa Coffee Returns to Operating Profit on Iced Drinks and Menu Changes
Asos Warns Customers After Unauthorized Access to Retail App and Data
Kemi Badenoch Puts Growth and Deregulation at Center of Conservative Conference
Campaigners Warn of Deepening Social Care Crisis for Disabled Adults
Study Finds Rising Early-Onset Cancer Rates Among Adults Under 50 in Britain
UK Coach Operators Warn High Diesel Prices Could Force Route Cuts
FCA Opens Independent Review Into Handling of Epstein-Linked Whistleblower Case
Argentina Vows to Block Falkland Islands Offshore Oil Development
UK Chancellor Prepares Fiscal Measures and Welfare Reforms Ahead of Autumn Budget
Sainsbury’s and Morrisons Explore Potential Multi-Billion-Pound Merger
UK Weighs Tariffs on Chinese Electric Vehicles to Align With European Union
UK Threatens Diplomatic Expulsions Over Planned Closure of East Jerusalem Consulate
UK Energy Price Cap Hits Three-Year High as Middle East Conflict Raises Costs
Seventh Arrest Made in Suspected Terror Plot at RAF Fairford
Systemic Education Collapse Sparks Mass Student Uprisings in France
Green Party Faces Backlash Over Resolution Equating Zionism With Racism
Conservatives Debate Scrapping Environmental Rules for New Homes
Cornwall Insight Warns UK Energy Bills Could Approach £2,000 This Winter
UK Coach Operators Warn of Service Cuts as Diesel Prices Exceed £2
Scottish Parliament Approves £68 Billion Budget With New Tax and Property Measures
FCA Opens Independent Review Into Handling of Epstein Whistleblower
UK Government Drops Plan to Suspend Jury Trials in England and Wales
×