London Daily

Focus on the big picture.
Wednesday, Feb 25, 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
Lord Mandelson Condemns Arrest as Driven by ‘Baseless Suggestion’ He Would Flee Abroad
Former UK Ambassador Released on Bail Following Arrest in Epstein-Linked Investigation
UK Parliament Orders Release of Former Prince Andrew’s Government Vetting Files
Reddit Fined £14 Million by UK Regulator Over Failures in Age Verification Controls
UK Moves to Tighten Regulation of Netflix, Disney+ and Prime Video Under New Media Rules
British Woman Who Reported Rape in Hong Kong Faces Possible Prosecution
'Christianity is the religion that has made this country great.'
Man Receives Parking Ticket 38 Years After Offense: ‘City Officials Said It’s Legitimate’
Woman Receives Gift Card for Christmas – Discovers It Is ‘Worth’ 63,000,000,000,000,000 Pounds
UK Sanctions New Zealand Insurer Maritime Mutual Following Allegations Over Russian Oil Cover
Reform MP Danny Kruger Condemns UK’s ‘Unregulated Sexual Economy’ in Call for Tougher Controls
The Show Must Go On: Prince William and Kate Middleton Shine at the BAFTAs Amid Andrew’s Arrest
UK Sanctions Russian ‘Illicit Oil Traders’ After Email Blunder Exposes Sanctions Evasion Network
Russia Amplifies Baseless Claims That UK and France Plan to Arm Ukraine with Nuclear Weapons
UK Imposes Sanctions on Two Georgian Television Channels Over Alleged Russian Disinformation
United States National Parks See Noticeable Drop in Visitors from Canada, U.K. and Australia
UK, Australia, Canada and New Zealand Escalate Sanctions on Russia as Ukraine War Marks Four Years
I Gave Andrew a Nude Massage Inside Buckingham Palace
UK Economy Faces Acute Strain as Trump’s Global Tariff Reshapes Trade Landscape
UK Signals Retaliation Is Possible as New US Tariff Policy Threatens Trade Stability
British Police Arrest Former Ambassador Peter Mandelson in Epstein-Related Misconduct Probe
Australia Officially Supports Proposal to Remove Andrew Mountbatten-Windsor from Royal Succession
Victorian Premier Jacinta Allan remains silent on ISIS brides' resettlement plans in Melbourne
Former UK Ambassador Peter Mandelson Arrested in Connection with Jeffrey Epstein
Jacob Rees Mogg afraid to talk about Peter Mandelson arrest on “suspicion of misconduct in a public office” (Pedophilia, corruption, etc.)
United Nations Calls for Global Action Against Disinformation and Hate Speech Online
Tucker Carlson warns of an inevitable clash in Western societies over mass migration
President Trump warns countries against abandoning recent trade deals with the US
Diverging Polls Show Mixed Signals on UK Economic Revival as Confidence Remains Fragile
Spotify Expands AI-Driven ‘Prompted Playlists’ Feature to the United Kingdom and Other Markets
Greens and Reform UK Surge in Manchester By-Election, Threatening Labour’s Historic Stronghold
UK Businesses Push for Closer European Trade Links Amid Renewed US Tariff Uncertainty
Deloitte Global Overhaul Sparks Leadership Contest in the United Kingdom
University of Kentucky and Microsoft to Showcase Campus-Wide AI Innovation
UK Food System Faces Acute Vulnerability to Shocks, Experts Warn
Reform UK’s Proposed ICE-Style Deportation Scheme Triggers Sharp Backlash
U.S. Global Tariff Push Leaves Britain, Australia and Others Facing Higher Costs and Trade Strain
UK Police Officers Guarded 2010 Epstein Dinner Attended by Prince Andrew, Reports Say
US Trade Representative Affirms Commitment to Existing Tariff Agreements with UK and Other Partners
Activists at the Louvre hung a framed Reuters photograph of Andrew Mountbatten-Windsor slumped in the back of a car leaving a police station on the day of his arrest
The royal biographer said that he expected the police to 'look at the money trail' - including Sarah Ferguson borrowing money from Epstein
A Protestor screams in NYC: “Bill Gates is on the Epstein’s List…”
FBI and Secret Service Hold Press Conference After Shooting Incident at Mar-a-Lago
Mark Zuckerberg Testifies in Trial Over Social Media's Impact on Children's Mental Health
Maggie Oliver exposes Keir Starmer using letters to close child rapists investigations
Kouri Richie's wrote a children’s book to help her sons grieve the death of their father. Now she’ll stand trial for his murder
New York Braces for Major Snowstorm With Up to 18 Inches Forecast and Blizzard Warnings Issued
Mexican Military Kills CJNG Leader Nemesio Oseguera Cervantes as Violence Erupts Across Jalisco
Metropolitan Police Deploys Palantir-Powered AI to Flag Potential Officer Misconduct
UK Parliament Rebukes Police Over Ban on Israeli Football Fans
×