Lawyers for Novak Djokovic have filed court submissions as part of his battle to stay in Australia, confirming he received a medical exemption on the grounds he had contracted COVID-19 less than a month ago and had since recovered.
Key points:
- Novak Djokovic remains detained in a Melbourne hotel after the federal government cancelled his visa
- In a submission filed late today, his lawyers stated that Tennis Australia had granted him a “medical exemption from COVID vaccination”
- Late on Friday, the ABC revealed that Czech player Renata Voráčová had also had her visa cancelled after being granted a similar exemption
The tennis star was stopped at Melbourne airport on Wednesday night after the federal government cancelled his visa for failing to meet its entry requirement that all non-citizens be fully vaccinated against COVID-19.
He is now in immigration detention in Melbourne as he awaits an appeal in the Federal Circuit and Family Court on Monday.
In a submission filed late on Saturday, his lawyers claimed that he was granted a visa to enter Australia on November 18, and on December 30, Tennis Australia granted him a "medical exemption from COVID vaccination" on the grounds that he had recently recovered from COVID-19.
The "exemption certificate" said the date of Djokovic’s positive COVID-19 PCR test was December 16, 2021, but that he had not had a fever or respiratory symptoms in the past 72 hours.
It also recorded that the conditions of the exemption were "consistent with the recommendations of the Australian Technical Advisory Group on Immunisation (ATAGI)".
The submission said Djokovic then received a document from the Department of Home Affairs on January 1, saying "[his] Australia Travel Declaration [had] been assessed", and that "[his] responses indicate[d] that [he met] the requirements for a quarantine-free arrival into Australia where permitted by the jurisdiction of your arrival".
However, the defending Australian Open champion was detained by Border Force officials after arriving on a plane from Dubai and was taken to an immigration detention hotel.
"Entry with a visa requires double vaccination [against COVID-19] or a medical exemption," Prime Minister Scott Morrison said in a press conference on Thursday.
"I am advised that such an exemption was not in place, and as such, he is subject to the same rules as anyone else.
"People are welcome in Australia, but if you're not double-vaccinated and you're not a resident or citizen, then you can't come."
Adding to the confusion, the Victorian government on Friday said it was unaware of federal correspondence with Tennis Australia that warned unvaccinated players would not be granted exemptions to enter the country if they had recently contracted COVID-19.
The legal documents submitted by the tennis star's legal team stated that early on Thursday morning, after being informed at Melbourne Airport his visa would likely be rescinded, a confused Djokovic requested time to contact Tennis Australia and his agent.
But he said he was "pressured" by authorities to agree to an interview shortly after 6:00am, despite accepting an earlier offer than he could rest until 8:30am and saying he "wanted some help and legal support and advice from representatives".
Djokovic was then told at around 7:42am that his visa would be cancelled.
If he fails to have his visa cancellation overturned and is deported, Djokovic could be barred from re-entering Australia for up to three years.
Meanwhile, the political fallout from the Australian government's decision continued to escalate.
Serbian President Aleksandar Vučić called for Australia to stop the "harassment" of Djokovic, while the Serbian Ministry of Foreign Affairs made representations to the Australian ambassador "regarding the inappropriate and inhumane treatment to which the best tennis player in the world".
On Friday evening, a small group of the tennis star's supporters continued to protest outside the hotel, which also houses dozens of refugees and asylum seekers, most of whom were brought to Australia for medical treatment from offshore detention facilities.
Throughout the pandemic, those detained have raised concerns about overcrowding and medical care at the hotel, and there has been a fire and a COVID outbreak at the facility in recent months.
ABC/Reuters
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2022-01-08 10:58:29Z
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