MELBOURNE: Tennis star Novak Djokovic contracted Covid-19 last month but was not experiencing symptoms and had written clearance from Australian immigration authorities before travelling to the country with a medical exemption from its vaccination rules, his lawyers say.
The information was contained in a court filing on Saturday to support an application seeking to overturn the cancellation of the visa of the world’s top men’s tennis player.
The 35-page document lodged in the Federal Circuit and Family Court by his legal team on Saturday outlines the Serbian’s case for challenging the decision that would prevent him from playing in the Australian Open starting on Jan 17. The challenge will be heard in court on Monday morning.
Djokovic has been held in immigration detention in a hotel in Melbourne since Thursday morning after border officials rejected his claim for a medical exemption.
The filing shows Djokovic said he had received a letter from the chief medical officer of Tennis Australia on Dec 30 stating he had a medical exemption from vaccination on the basis that he had recently recovered from a Covid infection.
The documents show he had tested positive to Covid on Dec 16, and by Dec 30 had been free of symptoms or fever in the previous 72 hours.
The application said he had a valid visa to travel and also received an assessment from the federal Department of Home Affairs stating 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”, with Victoria state the nominated jurisdiction.
The legal documents state that early on Thursday morning, after being informed at Melbourne Airport that his visa would be rescinded, a confused Djokovic pleaded to be given time to be able to contact Tennis Australia and his agent.
But he said he was “pressured” by authorities to agree to an interview shortly after 6am, 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”, who were still sleeping at the early hour.
The application says Djokovic challenged an official at the airport when told that a recent Covid infection was not considered a substitute for a vaccination in Australia.
“That’s not true, and I told him what the Independent State Government medical panel had said and I explained why. I then referred to the two medical panels and the Travel Declaration,” the legal filing quotes the Serbian as saying.
“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.”
He said he had provided his medical evidence to Tennis Australia for its two-stage independent assessment process, had made his travel declarations correctly and satisfied all requirements to legally enter Australia on his approved visa.
Among the arguments lawyers for the Serbian superstar raised was a section from the Australian Immunisation Register which states a person can apply for a temporary vaccine exemption due to a recent “acute major medical illness”.
Djokovic’s legal team said that, among a series of what it says are jurisdictional errors, a delegate for the minister for home affairs did not have “a skerrick of evidence”, using an Australian term for a tiny amount to suggest the 20-time major champion’s recent infection did not constitute a contraindication.
Tennis Australia’s chief medical officer, Dr Carolyn Broderick, was one of three medical practitioners on a panel that approved an exemption consistent with guidelines outlined by Australian Technical Advisory Group on Immunisation, the filing says.
The document says the first decision was then assessed by a second independent medical panel set up by the Victorian state government, consistent with the process that has been outlined publicly by Tennis Australia.
Djokovic is being represented in the case by the legal firm Hall & Willcox, and the government is represented by the Australian Government Solicitor.
His lawyers said they had also asked that their client be moved from the detention centre so he can train for the Australian Open.
Djokovic, an outspoken critic of mandatory vaccination, has never disclosed his own vaccination status. He is challenging his visa cancellation in hopes of staying on in Australia to pursue a record-breaking 21st Grand Slam victory.
Also being held at the same location as Djokovic is Czech tennis player Renata Voracova, but she has said she would not contest her visa cancellation despite the confusion surrounding her case.
Voracova flew out of Melbourne airport on Saturday, an Australian government source said.
