Courtney Walsh

SYDNEY, (Reuters) – Novak Djokovic is challenging Australia’s decision to cancel Novak’s visa upon his arrival. He claims that he was infected with COVID-19 in December and therefore qualified for a medical exemption from the country’s vaccination requirements. His legal team filed a 35-page document in Federal Circuit and Family Court on Saturday. It details the Serbian’s claim to challenge the cancellation of his visa which would have prevented him playing at the Australian Open. This case will be heard at court Monday morning.

After border officials denied his request for medical exemption, the tennis world’s number one was placed in detention at an immigration hotel in Melbourne.

Djokovic claimed that he got a note from Tennis Australia’s Chief Physician on December 30 informing him of a medical exemption to vaccination. The letter stated that Djokovic had just recovered from COVID.

According to documents, he tested positive for COVID Dec. 16 and was still free from symptoms or fever 72 hours later.

He claimed he was able to travel with a valid visa and was also assessed by Department of Home Affairs. The assessment stated that “responses indicate (d) that he meets) the requirements for quarantine-free entry into Australia, where permitted under the jurisdiction of your departure”, Victoria being the designated jurisdiction.

According to the legal documents, Djokovic was informed that his visa was being revoked at Melbourne Airport on Thursday morning. He then asked for time to reach Tennis Australia and his agent.

However, he claimed that authorities pressured him to accept an interview at 6:45 a.m. Despite accepting an earlier offer so he could sleep until 8:30 a.m.; he also stated that he needed some advice and help from the legal and financial community. [his]”Representatives” were still in bed at the beginning of the morning.

CHALLENGED CANCELLATION

According to the application, Djokovic challenged an airport official when he was told that a COVID-19-related infection wasn’t considered as a replacement for vaccinations in Australia.

“That is not correct. I informed him of what the Independent State Government Medical Panel had stated and explained why. The two medical panels as well as the Travel Declaration were then mentioned.

“I stated that I was recently infected by COVID in December 2021. On this basis I was eligible for a medical exemption according to Australian government guidelines and rules.”

He stated that he had submitted his medical information to Tennis Australia during its two-stage independent evaluation process.

One of the arguments that lawyers raised for the Serbian superstar was an Australian Immunization Register section which stated that anyone can request a temporary vaccination exemption for “acute major health illness” in the last 12 months.

Djokovic’s legal team stated that it had found a number of jurisdictional mistakes, including the fact that a delegate of the minister for domestic affairs failed to have “a sketch of evidence”. Using an Australian term, they said the tiny amount of evidence suggested the current infection of the 20-time major champ did not indicate a contraindication.

Tennis Australia’s chief Medical Officer, Dr Carolyn Broderick said that he was among three doctors who approved an exemption in accordance with Australian Technical Advisory Group on Immunisation. According to Tennis Australia, this is the same process as Tennis Australia has publicly described.

Djokovic v Minister for Home Affairs is the case. Djokovic is represented by legal firm Hall & Willcox, and the government is represented by the Australian Government Solicitor.