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.