’Variety Of Jurisdictional Errors’ Affected Decision To Refuse Novak Djokovic's Visa, Claims Legal Team - UBITENNIS
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’Variety Of Jurisdictional Errors’ Affected Decision To Refuse Novak Djokovic’s Visa, Claims Legal Team

A written statement from the tennis star outlines his version of events which unfolded during his airport detention.

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Novak Djokovic returns a shot during a Men's Singles quarterfinal match at the 2021 US Open, Wednesday, Sep. 8, 2021 in Flushing, NY. (Jed Jacobsohn/USTA)

The legal team of Novak Djokovic will argue that the process to refuse a visa for the tennis star failed to follow the correct procedures.

Australian law firm Hall and Wilcox have submitted a 35-page document to the court outlining their argument which confirmed Djokovic’s reason for a medical exemption for the first time. According to court files, he tested positive for COVID-19 on December 16th. As a result of this, he then applied for a medical exemption to play at the Australian Open on the basis that he had tested positive for the virus and recently recovered.

Leading up to that date Djokovic was seen attending a basketball match which has been linked to a series of COVID-19 cases since. Then on the 16th he attended a special function in Belgrade to mark a stamp being issued in his honour. It is unclear if he received news of a positive test before or after he attended that event.

Djokovic arrived in Australia just before midnight on Janurary 5th where he was subsequently taken into questioning by the Australian Border Force (ABF). After a lengthy interview process, which lasted roughly eight hours, it was deemed that the 20-time Grand Slam champion had failed to provide enough evidence to support his visa application. Opting to appeal against that decision, he has been placed at the Park Hotel which is a quarantine facility. His appeal to move to another location in order to train was refused.

Djokovic received his medical exemption on January 1st. It was supported by both the Victoria State government and Australian Open organisers based on the advice they received from two independent panels. However, the issue is that the Victoria state medical exemption has been deemed invalid by the ABF.

“When he read to me the page headed ‘ATTACHMENT A (Part A)’, I made some comments. When he said that previous infection with COVID-19 is not considered a medical contraindication for COVID-19 vaccination in Australia, I said that that’s not true, and I told him that the Independent State Government medical panel had said and I explained why. I then referred to the two medical panels and the Travel Declaration (which had been assessed by the Commonwealth Government and indicated that I could lawfully enter into Australia).” Djokovic wrote in his affidavit which is a written statement of facts a person sign under oath.

“I explained that I had been recently infected with COVID in December 2021 and on this basis I was entitled to a medical exemption in accordance with Australian Government rules and guidance. I further explained that my medical exemption had been granted by the Independent Expert Medical Review Panel, that I had previously provided all relevant medical reports to TA, including my COVID-PCR test results, and that accordingly the visa should not be cancelled. I told the ABF officers that I had correctly made my Australian Travel Declaration and otherwise satisfied all necessary requirements in order to lawfully enter Australia on my visa.”

The outcome of the court case isn’t just crucial for Djokovic but for Tennis Australia too who have been accused of providing incorrect information regarding players exemptions. News sources have reported that guidance given to players in December regarding non vaccinated players contradicted what the Australian health minister wrote to Craig Tiley the month before.

Tennis Australia has refused to publicly comment on the situation due to the ongoing legal case involving Djokovic. However, a video obtained by News Corp showed Tiley recently thanking his staff and said they acted accordingly.

“We’ve chosen at this point not to be very public with it and simply because there is a pending lawsuit related to entry into Australia. Once that has run its course, we’ll be able to share more with you,” he said.
“There’s a lot of finger-pointing going on and a lot of blaming going on, but I can assure you our team has done an unbelievable job and have done everything they possibly could according to all the instructions that they have been provided.”

Meanwhile, in a separate revelation concerning Tennis Australia it is understood that Tiley told senior officials that the viability of the Australian Open depended on allowing unvaccinated players to participate. Those remarks were made in a letter sent to Australia’s advisory body on immunisation on November 10th which was a week before officials declared that vaccination is required for all players unless they are exempt.

Djokovic will hear the outcome of his legal case on Monday. Should he fail, he will be forced to leave the country and in the worst case scenario could receive a ban from the country which could affect his participation in the Australian Open in future years.

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World No.634 Laura Samson Reaches First WTA Quarter-Final At 16

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Laura Samon - image via itftennis.com/ photo credi: Manuel Queimadelos

Laura Samson has become the first player born in 2008 to reach the quarter-finals of a WTA event after producing a surprise win on Tuesday. 

The 16-year-old wildcard stunned second seed Katerina Siniakova 1-6, 7-5, 6-3, in the second round at the Prague Open. Her triumph occurred a day after she dropped just two games against Tara Wurth in her opening match. This week is Samson’s Tour debut after playing 10 events on the lower-level ITF circuit. 

“I’m extremely surprised,” she said during her on-court interview after beating Siniakova. “I didn’t go into it as favorite. I’m so proud of myself and I hope I will continue to play like this. As I was going into the second set I thought, ‘I have nothing to lose, I didn’t play good in the first set.’ I’m not really sure when [I thought I could win], I just believed myself in the third set.” 

Samson is the latest Czech player to break through following a sucessful junior career. Last year she won the Wimbledon girls’ doubles title and was runner-up in the French Open singles tournament in June. She is currently No.3 in the ITF junior rankings but has been ranked as high as No.1. 

Earlier this year, Samson decided to change her name on the Tour by dropping the last three letters (ova). The reason why she did so was to avoid getting confused with another player. 

“I first noticed it last year, there was a problem that I was getting strings (the) of Lyudmila Samsonova,” she told tenisovysvet.cz.

“I also talked about it with her and, for example, according to the schedule, she also sometimes thought she was playing, but it was me,” 

“I would have liked the ending -ová, but unfortunately it turned out like this.”

The teenager will next take on world No.248 Oksana Selekhmeteva with the winner of that match progressing to their first WTA semi-final.  21-year-old Selekhmeteva is a former top 10 junior player who came through two rounds of qualifying to reach the main draw. She is a two-time junior Grand Slam champion in doubles. 

There are five seeds remaining in the tournament, including top seed Linda Nosková who will play Germany’s Ella Seidel in her next match. 

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Alex De Minaur Overcomes Injury To Fulfil Olympic Dream

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ASlex de Minaur - Roland Garros 2022 (foto Roberto dell'Olivo)

Alex de Minaur says it is a ‘dream come true’ for him to represent Australia in the Olympic Games after missing the event three years ago.

The world No.6 had been in a race against time to be fit for the Olympic tennis event after suffering an agonising injury setback at Wimbledon earlier this month. At the All England Club de Minaur reached the quarter-final stage for the first time and was set to take on Novak Djokovic. However, he was forced to withdraw from the match after tearing the fibre cartilage in his hip region after suffering a ‘freak’ injury. At the time of the announcement, it was estimated that he would be sidelined from the Tour for three to six weeks. 

However, the 25-year-old appears to have recovered fairly quickly in time for Paris with the tennis tournament starting on Saturday. It will be de Minaur’s debut in the Olympics after he was forced to pull out of the Tokyo Games due to a positive COVID-19 test. 

“To finally be able to represent Australia in the Olympics is a dream come true,” he wrote on Instagram on Tuesday morning.

“I’m very passionate when I play for my country and wear the green and gold, so this is another one of those moments. 

“I’m extremely excited to lace up for Paris 2024.”

De Minaur is bidding to become the first male player from his country to win an Olympic medal in the singles event. He has already won two ATP titles this year in Alcapulco and s-Hertogenbosch. Since the start of January, he has won five out of 11 meetings against top 10 players. 

“It’s really great news – we’re actually expecting Alex to arrive in the village ahead of the official draw (on Thursday) and we know he’s been working with his rehab team quite extensively since the conclusion of Wimbledon,” Australian chef de mission Anna Meares told the Australian Associated Press (AAP).

“He’s hungry to be here, he wants to be a part of this team and we will offer as much support as we can in that process.

“He’s coming – we will wait to see that process. He still has time … injury can be a really stressful thing for an athlete and the more you rush it, the more problems you can potentially cause.

“We’re leaving it in the hands of Alex and his rehabilitation team … it will be a decision purely by them.” 

De Minaur is one of five Australian men playing in the Paris Olympics. The others are Alexei Popyrin, Matthew Ebden, John Peers and Rinky Hijikata. 

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Wrist Injury Threatening To End Holger Rune’s Olympic Dream

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Holger Rune will have a second medical opinion on Monday before deciding if he is fit enough to play at the Olympic Games, according to his team. 

The Danish world No.17 recently retired from his quarter-final match at the Hamburg Open due to a knee injury. The hope at the time was that his withdrawal would be just a precautionary measure ahead of the Olympics. However, he is also dealing with a second issue that appears to be more serious.

According to TV 2 Sport, Rune has been struggling with a wrist issue and underwent a scan on Sunday which his mother Aneke says ‘doesn’t look promising.’ Aneke is also the manager of her son’s career. Rune’s Olympic dreams now rest on the outcome of a second medical expert that he will visit tomorrow who has a better understanding of the sport. 

“Unfortunately, it does not look promising after the first medical opinion after the review of the scan of the wrist,” Aneke Rune told TV 2 Sport.

“We are waiting for two tennis-specific doctors who will give a second opinion tomorrow (Monday). Tennis wrists look different from regular wrists, so we’ll hold out hope for one more day.” 

Rune is one of three Danish players entered into the Olympic tennis event along with Caroline Wozniacki and Clara Tauson. The country has only won one medal in tennis before which was at the 1912 Games when Sofie Castenschiold won silver in the women’s indoor singles event. 

So far this season, the 21-year-old has won 27 matches on the Tour but is yet to claim a title. He reached the final of the Brisbane International and then the semi-finals of three more events. In the Grand Slams, he made it to the fourth round of the French Open and Wimbledon. 

It is not known when a final decision regarding Rune’s participation in Paris will be made.

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