Djokovic did not have guaranteed entry to Australia, government says - CNA

MELBOURNE: The Australian government had not given tennis star Novak Djokovic an assurance that a medical exemption that he said he had to enter Australia without a COVID-19 vaccination would be accepted, government lawyers said in a court filing on Sunday (Jan 9).

The filing ahead of a court hearing on Monday was in defence of the government's decision to bar entry to the world number one player over his COVID-19 vaccination status.

Djokovic is hoping to win his 21st Grand Slam at the Australian Open, starting in Melbourne on Jan 17.

But instead of training, the Serbian player has been confined in a hotel used for asylum seekers and is challenging the decision to cancel his visa after being stopped on arrival at Melbourne Airport early on Thursday.

The drama has rocked world tennis, caused tensions between Serbia and Australia and become a flashpoint for opponents of vaccine mandates around the world.

Himself a vocal opponent of vaccine mandates, Djokovic had declined to reveal his vaccination status or reason for seeking a medical exemption from Australia's vaccination rules. But his legal team said in a filing to the court on Saturday that the player had been granted an exemption due to having had the virus in December.

Djokovic's legal team said he had the necessary permissions to enter Australia, including an assessment from the Department of Home Affairs that responses on his travel declaration form indicated he met the conditions for quarantine-free arrival. The government disputed this.

"This is because there is no such thing as an assurance of entry by a non-citizen into Australia. Rather, there are criteria and conditions for entry, and reasons for refusal or cancellation of a visa," the government's filing said.

It said the department's email was not an assurance "that his so-called 'medical exemption' would be accepted", and his responses could be questioned and verified on his arrival.

The government also challenged Djokovic's claim for a medical exemption on the basis he had contracted COVID-19 and had recovered two weeks later.

"There is no suggestion that the applicant had "acute major medical illness" in December 2021. All he has said is that he tested positive for COVID-19. This is not the same," the filing said.

Australia says its health department notified tournament organising body Tennis Australia in November that a recent COVID-19 infection was not necessarily grounds for exemption in the country, as it is elsewhere. Djokovic's lawsuit says the Department of Home Affairs wrote to him this month to say he had satisfied the requirements to enter the country.

Djokovic's lawyers will have up to two hours to present their case from 10am on Monday, while the government department gets two hours to present its defence from 3pm. The case is being heard by the Federal Circuit and Family Court.

TENNIS AUSTRALIA

Tennis Australia CEO Craig Tiley said in his first media interview since the furore began that his organisation had spoken with federal and state officials for months to ensure the safe passage of players.

"Primarily because there is (so) much contradictory information the whole time, every single week we were talking to Home Affairs, we were talking to all parts of government to ensure that ... we were doing the right thing and (following) the right process with these exemptions," Tiley told Channel Nine television.

"The conflicting information, and the contradictory information we received, was because of the changing environment. We are in a challenging environment."

Finance Minister Simon Birmingham, asked about the matter on Channel 9 television, said without referring directly to Djokovic that "there's a clear difference between visas and entry requirements" and "entry requirements ... sit over and above the visa conditions".

Czech player Renata Voracova, who was detained in the same detention hotel as Djokovic and had her visa revoked after issues with her vaccine exemption, left the country without challenging her status, the Czech Foreign Ministry said.

The player has drawn strong support at home. Serbian Prime Minister Ana Brnabic said on Saturday that Djokovic had been given gluten-free food, tools to exercise and a SIM card to stay in contact with the outside world.

"It's a positive tone from the Australian side. The Serbian government is ready to provide all the guarantees necessary for Novak to be allowed to enter Australia, the Serbian president is also involved," Brnabic said.

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2022-01-09 11:49:00Z
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Australian Open chief says conflicting, changing advice led to Djokovic fiasco - CNA

MELBOURNE: Australian Open chief Craig Tiley on Sunday (Jan 9) blamed conflicting and quickly changing directives in a "challenging environment" for the confusion that resulted in tennis star Novak Djokovic being refused entry to Australia on a medical exemption.

Tiley refused to apportion blame for the saga over Djokovic's exemption from the mandate that people entering the country be vaccinated against coronavirus.

He said Tennis Australia had engaged in discussions with federal and Victoria state officials for several months in order to ensure the safe passage of players into the country.

Djokovic has spent four days in immmigration detention in a Melbourne hotel ahead of his appeal against a removal order issued by the Australian Border Force on Thursday morning. In a court filing on Saturday, his lawyers argued that he had been given a medical exemption as he had contracted and recovered from a COVID-19 infection detected on Dec 16.

"We are not going to lay the blame at anyone," Tiley told Channel 9, which holds the domestic broadcast rights to the Australian Open, on Sunday.

"All I can say is that, primarily because there is (so) much contradictory information the whole time, every single week we were talking to Home Affairs, we were talking to all parts of government to ensure that one, we were doing the right thing, and the right process with these exemptions.

"The conflicting information, and the contradictory information we received, was because of the changing environment. We are in a challenging environment."

The court hearing on Djokovic's case is set to begin at 10am (11am, Singapore time) on Monday. The nine-times Australian Open champion is seeking to win his 21st Grand Slam title at the tournament starting on Jan 17.

Tiley, who is Australian Open tournament director as well as chief executive of Tennis Australia, reiterated that neither body had wittingly passed incorrect information to players seeking to play in Melbourne using a medical exemption.

"All information we had at the time, the knowledge we had at the time, was supplied to players," he added.

"There was always going to be a handful of people ... that require for medical reasons exemptions. We worked closely with the Victorian Government to ensure it was actually two medical panels, two processes that ... a small handful had to go through to be exempt."

It was Tiley's first interview since Djokovic was detained at Melbourne Airport on Wednesday night, a development the South African said had shocked him.

Tiley had previously addressed Tennis Australia staff in a video that was subsequently leaked. In it, he acknowledged it was a difficult time for all at the organisation while expressing sympathy for the situation Djokovic found himself in.

"I would like to see him play the Australian Open, yes," Tiley said.

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2022-01-09 11:09:00Z
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What could happen at the Djokovic visa hearing in Australia? - CNA

THE AUSTRALIAN GOVERNMENT WINS

If the hearing goes in favour of the Australian government, it is likely to seek to eject Djokovic from the country on the next available plane out of Melbourne.

Last Thursday, the judge ordered Home Affairs Minister Karen Andrews not to remove Djokovic while he fights his appeal.

That order expires at 4pm on Monday.

Levingston said the government's case relied on a section of migration law that he believes "will ultimately see Mr Djokovic fail in his application".

Under the law, the minister only has to show that the presence of the visa holder "may, would or might be" a risk to the health, safety or good order of Australians.

But even if the government wins, the Serbian superstar could appeal.

DJOKOVIC APPEALS

If the judge dismisses the tennis ace's case, there could be a challenge.

"If he loses, it is highly likely that an appeal will be lodged," said John Findley, a solicitor-director who focuses on migration, family, business and tax matters.

In that scenario, Djokovic's lawyers would have to argue that there has been an error and probably flag some untested point of law, he added.

But even if such an appeal is lodged, Djokovic would not be able to walk free while the case is argued, said Levingston.

While the judge may allow an appeal, he could not order the government to grant a visa allowing Djokovic to exit detention, Levingston said.

Australia's home affairs minister could grant such a visa, he said. But she is unlikely to do so given the government's position on his case and the political impact of a decision to free him.

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2022-01-09 09:32:14Z
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Australia rushes to file defence of Djokovic ban as court battle looms - CNA

SPOTLIGHT ON REFUGEES

Health Minister Greg Hunt, asked about the furore at a media conference on Sunday, declined to comment since it was before the court, but noted that several other people involved in the tournament had their visas revoked.

Finance Minister Simon Birmingham, asked about the matter on Channel 9 television, said without referring directly to Djokovic that "there's a clear difference between visas and entry requirements" and "entry requirements ... sit over and above the visa conditions".

Czech player Renata Voracova, who was detained in the same detention hotel as Djokovic and had her visa revoked after issues with her vaccine exemption, left the country without challenging her status, the Czech Foreign Ministry said.

Djokovic's situation has drawn an unlikely crowd to the modest Melbourne hotel which, until this month, was best known for media reports about asylum seeker occupants claiming they were served food containing maggots.

Anti-vaccine protesters, refugee advocates and Djokovic fans have converged outside the building, which is under police guard.

"The detention of Novak Djokovic has shone a global spotlight on the Park Hotel prison, but for the 36 refugees detained there indefinitely, it's not a game," said David Glanz, a spokesman for advocacy group Refugee Action Collective, in a statement, as a planned protest got underway.

"We fear that long after Djokovic is back on the lucrative global tennis circuit, those men will still be in detention – many of them in their ninth year of being held by the Australian government."

Home Affairs was not immediately available to respond to the protesters' claims.

Serbian Prime Minister Ana Brnabic said the player had been given gluten-free food, tools to exercise and a SIM card to stay in contact with the outside world.

"It's a positive tone from the Australian side. The Serbian government is ready to provide all the guarantees necessary for Novak to be allowed to enter Australia, the Serbian president is also involved," Brnabic said.

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2022-01-09 00:09:00Z
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Djokovic attended Belgrade event 24 hours after positive COVID-19 test - CNA

BELGRADE: Novak Djokovic, whose lawyers said Saturday (Jan 8) he was given an Australian Open COVID-19 vaccine exemption for testing positive on Dec 16, was at a young players event in Belgrade the following day, without a mask.

In a filing to the federal court seeking to overturn his entry visa cancellation his lawyers said that the "date of the first positive Covid PCR test was recorded on 16 December 2021".

The Belgrade tennis federation, in a Facebook post after the Dec 17 ceremony, reported that Djokovic had handed over cups and awards to best young players in 2021.

The event, held at the Novak tennis centre in the Serbian capital, was attended only by the award winners "due to epidemiological measures related to the coronavirus pandemic", said the federation statement.

It was accompanied with several photos of Djokovic, posing with the federation's officials and about 20 young players holding cups and awards.

No one was wearing a mask.

At the ceremony, the federation head Milan Slavkovic presented Djokovic with an Orthodox icon for "all he has done for tennis and sports in general, for all achievements and generosity he is making every day throughout the planet", the statement said.

The event was widely reported in the Serbian media.

Djokovic attended another gathering on Dec 16, when the Serbia national postal service honoured him by launching a series of stamps featuring him and his sports achievements.

He published a photo from the ceremony on Instagram on Dec 17.

Australian border agents tore up Djokovic's entry visa for failing to meet the country's tough COVID-19 vaccine requirements when he landed in Melbourne on Wednesday.

The 34-year-old Serb, an outspoken vaccine sceptic, was placed in a Melbourne detention centre.

He will have his appeal heard in court on Monday.

The world number one has also requested to be moved to a facility where he can train for the Australian Open, his lawyers said.

Djokovic will have his appeal heard in court on Monday.

Foreigners are still mostly banned from travel to Australia, and those granted entry must be fully vaccinated or have a medical exemption.

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2022-01-08 12:19:00Z
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Djokovic tells court he was cleared to enter Australia after COVID-19 - CNA

SYDNEY: Tennis world number one Novak Djokovic mounted his legal challenge on Saturday (Jan 8) to being refused entry to Australia, saying he had immigration clearance to enter the country after contracting COVID-19 last month.

On his third day in immigration detention in Melbourne, the Serbian superstar's court filing confirms widespread speculation he had caught the coronavirus. It escalates a furore over Australia's handling of a medical exemption from the country's vaccination rules that has rocked world tennis.

Djokovic, a vocal opponent of vaccine mandates hoping to win his 21st Grand Slam at the Australian Open, has been holed up since Thursday in a modest Melbourne hotel after his visa was cancelled due to problems with the exemption.

The drama has become a diplomatic issue, as Serbia says Australia is treating Djokovic as a prisoner. It has also become a flashpoint for opponents of vaccine mandates around the world.

His filing, ahead of a court hearing on Monday over his visa cancellation, says Djokovic had received the exemption from tournament organiser Tennis Australia, with a follow-up letter from the Department of Home Affairs saying he was allowed into the country.

"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," Djokovic says in the filing about his experience being detained at Melbourne Airport.

Djokovic says he told Australian Border Force "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.".

Djokovic returned his first positive COVID-19 test on Dec 16 but by Dec 30 "had not had a fever or respiratory symptoms of COVID-19 in the last 72 hours", the filing says. On Jan 1, it says, he received a document from Home Affairs telling him his responses indicated he met "the requirements for a quarantine-free arrival into Australia".

The federal court has ordered Home Affairs to file its response by Sunday. The Border Force, a unit of Home Affairs, did not respond to a Reuters request for comment on Saturday.

The Australian Open starts on Jan 17.

Many countries allow a recent COVID-19 infection as a reason for an exemption from vaccine requirements, but Australia's federal government released a letter soon after Djokovic arrived showing that it had notified Tennis Australia that was not necessarily the case in the country.

The federal and Victorian state governments and Tennis Australia have denied responsibility for the dispute.

Czech player Renata Voracova, who was also detained in the same detention hotel as Djokovic and had her visa revoked after issues with her exemption, was seen by reporters leaving the hotel in a van on Saturday evening.

Her destination was not immediately clear, but she told Czech media earlier that she was still waiting to leave the country after deciding not to appeal the decision.

"NOT MISLED"

Djokovic's court filing confirms a media report that he asked to be moved to lodgings with access to a tennis court but that his request was denied. The Park Hotel, where he is staying, is also home to dozens of asylum seekers trying to enter the country.

The feted sportsman expressed "shock", "surprise" and "confusion" when he was held overnight, and had a bed prepared near his airport interview room so he could rest while waiting until the morning when he would be able to reach legal representatives and Tennis Australia, the filing says.

Customs officers ultimately "pressured" Djokovic to undertake an interview before he had spoken to either, the filing says.

Tennis Australia said it never knowingly misled players and had always urged players to be vaccinated, after News Corp papers published a document from the organising body apparently advising players on ways to enter the country with a medical exemption from vaccination.

"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 quoted by local media.

"We reject completely that the playing group was knowingly misled."

Tennis Australia's advice was based on the contents of a federal government website to which it had been referred by the federal health minister, the statement added.

Tennis Australia did not respond to Reuters requests for comment.

The group's information sheet, as published by News Corp, said players could enter the country with an "overseas medical exemption" that had been "reviewed by an Australian medical practitioner" then entered on a central database.

The document was distributed to players last month, News Corp reported. But the federal government released a letter showing it wrote to Tennis Australia in November saying that prior infection with COVID-19 was not necessarily grounds for exemption in Australia, as it was elsewhere.

Tennis Australia CEO Craig Tiley defended the organisation's actions, according to a video that emerged on Saturday.

In an address to Tennis Australia staff, uploaded to News Corp websites, Tiley said he would tell the full story about the saga but was constrained because Djokovic was challenging his visa cancellation in court.

"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," he said in the video.
 

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2022-01-08 07:49:00Z
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Djokovic faces a third day in Australian migrant detention in COVID-19 vaccine furore - CNA

The Australian newspaper reported that Djokovic had requested access to his chef and a tennis court while in detention but that his request was denied.

As the Australian Border Force said it had cancelled several other visas of people involved in the tournament, including Voracova's, the federal and Victorian state governments and Tennis Australia denied responsibility for the dispute, which has been condemned by the Serbian government.

After News Corp papers published a document from Tennis Australia apparently advising players on ways to enter the country with a medical exemption from vaccination, the organising body said it never knowingly misled players and had always urged players to be vaccinated.

"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 quoted by local media.

"We reject completely that the playing group was knowingly misled."

Tennis Australia's advice was based on the contents of a federal government website to which it had been referred by the federal health minister, the statement added.

Tennis Australia did not respond to Reuters requests for comment.

The group's information sheet, as published by News Corp, said players could enter the country with an "overseas medical exemption" that had been "reviewed by an Australian medical practitioner" then entered on a central database.

The document was distributed to players last month, News Corp reported. But the federal government has said it wrote to Tennis Australia in November saying that prior infection with COVID-19 was not necessarily grounds for exemption in Australia, as it was elsewhere.

Tennis Australia CEO Craig Tiley defended the organisation's actions in a video that emerged on Saturday.

In an address to Tennis Australia staff, uploaded to News Corp websites, Tiley said he would tell the full story about the saga but was constrained because Djokovic was challenging his visa cancellation in court.

"We would like to share with you all the information, and we will," he said in the video.

"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.

"There is 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 they have been provided."

Djokovic, 34, has not revealed the grounds for his exemption and has consistently refused to disclose his vaccination status. Vaccines are not mandatory in Australia but are required for some activities.

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2022-01-08 02:14:00Z
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