Novak Djokovic was granted a medical exemption to enter Australia after contracting Covid last month, according to court papers submitted by his lawyers.
The documents claim that Djokovic, who has been has been held in detention at the Park Hotel in Melbourne since his visa was revoked on Thursday morning, returned a positive PCR test on 16 December that was recorded by the Institute of Public Health of Serbia.
On that basis, the 20-time grand slam champion was provided with an exemption certificate approved by two independent medical review panels, one commissioned by Tennis Australia and the other by the Victorian state government.
His exemption was subsequently ratified by the very ministry that has since detained him. A letter from the home affairs department, received by Djokovic on New Year’s Day, said his Australia Travel Declaration had been assessed and that he met “the requirements for a quarantine-free arrival into Australia where permitted by the jurisdiction of your arrival”.
Furnished with written confirmation of his eligibility to compete at the Australian Open by the tournament organisers, as well as the state and federal governments, Djokovic arrived in Melbourne early on Tuesday only to be denied entry to the country. Australian Border Force officials stated that previous infection was not deemed a valid reason for being unvaccinated.
Questions have been raised about Djokovic’s movements following his alleged infection. On December 17, the day after the player’s lawyers say he returned a positive test, the Serbian Postal Service presented him with a commemorative stamp at an event in Belgrade. Pictures show a maskless Djokovic shaking hands with an official. Later the dame day, Djokovic attended an awards ceremony for junior tennis players, again without a mask.
The court documents, published in advance of a hearing in Melbourne on Monday at which Djokovic will challenge the cancellation of his temporary visa, highlight a number of alleged procedural failings by border officials.
The paperwork also claims the reasons given to the Serb for the revocation of his visa were based on a misunderstanding of the relevant regulations, and that he was denied adequate rest and time to consult with his agents, lawyers and Tennis Australia.
Djokovic has been held in detention at the Park Hotel in the Melbourne suburb of Carlton since Thursday morning. According to reports, requests for access to a chef and a tennis court have been denied.
Should the court rule against Djokovic on Monday, the timeframe required for an appeal could preclude his participation in the Australian Open, which starts on 17 January. Border officials have indicated he could also be barred from re-entering the country for three years.
“A person whose visa has been cancelled may be subject to a three-year exclusion period that prevents the grant of a further temporary visa,” the Australian Border Force told the Associated Press.
Meanwhile, the controversy surrounding the tournament has deepened after it emerged that Greg Hunt, Australia’s health minister, wrote to Craig Tiley, the head of Tennis Australia, at the end of November to warn that previous infection with Covid-19 would not satisfy requirements for entry into the country, which stipulate that all international arrivals must be fully vaccinated.
Hunt’s advice followed a previous letter from the department informing Tiley that recent infection was not recognised as grounds for an exemption by the Australian Technical Advisory Group on Immunisation, with only two doses of an approved vaccine deemed sufficient.
Tiley nonetheless wrote to the ATP on 7 December indicating that recovery from Covid infection within the previous six months “may” make players eligible for a temporary medical exemption. The leaked letter, which was subsequently circulated to players, stipulated that applications for a medical exemption should be forwarded to Tennis Australia together with supporting evidence by 10 December, six days before Djokovic was infected.
“We have always been consistent in our communications to players that vaccination is the best course of action – not just as the right thing to do to protect themselves and others, but also as the best course of action to ensure they could arrive in Australia,” Tennis Australia said in a statement released after a video surfaced in which Tiley congratulated staff on doing “an unbelievable job” over the Djokovic situation.
“We reject completely that the playing group was knowingly misled.”
The Serb’s plight has polarised opinion, with uproar over perceived double standards among an Australian public subjected to harsh and prolonged Covid restrictions counterbalanced by the passionate backing Djokovic has received from his army of loyal supporters.
Both factions have gathered outside the Park Hotel, where the Czech doubles specialist Renata Voracova was also held after likewise having her visa revoked. Their numbers have been bolstered by the presence of campaigners determined to highlight the plight of more than 30 refugees who have been held in long-term detention at the hotel.
Djokovic has expressed gratitude to his global fanbase on social media. “Thank you to people around the world for your continuous support,” wrote the 34-year-old. “I can feel it and it is greatly appreciated.”
Djokovic has also received support from a more unexpected source, with Nick Kyrgios – an outspoken critic of the Serb in the past – condemning his country’s treatment of the world No 1.
“I definitely believe in taking action, I got vaccinated because of others and for my mum’s health, but how we are handling Novak’s situation is bad, really bad,” Kyrgios wrote on Twitter. “Like these memes, headlines, this is one of our great champions but at the end of the day, he is human. Do better.”
Ana Brnabic, the Serbian prime minister, said the Australian authorities had backed efforts to assist Djokovic.
“We’ve managed to make sure gluten-free food is delivered to him, as well as exercising tools, a laptop and a sim card so that he is able to be in contact with his family,” said Brnabic.