Novak Djokovic wins appeal against deportation from Australia
Novak Djokovic has won his appeal against deportation from Australia after border officials previously ruled he did not meet the criteria for an exemption to entry requirements.
The tennis star had spent four nights in an Australian immigration detention hotel before the virtual hearing got under way at around 10am local time (11pm Sunday UK) in the Federal Circuit and Family Court of Australia.
The court rejected a decision by immigration staff at Melbourne airport when Djokovic arrived last week that he didn’t meet the rules for an exemption to an entry requirement that all non-Australians be fully vaccinated for COVID-19.
The tennis player claimed he should have been allowed to enter because he had “been recently infected with COVID in December 2021 and on this basis… was entitled to a medical exemption in accordance with Australian government rules and guidance”.
His lawyers filed court papers that showed Djokovic tested positive for COVID-19 last month and recovered.
‘What more could this man have done’?
The filings showed the 34-year-old received a letter from Tennis Australia’s chief medical officer on 30 December “recording that he had been provided with a ‘medical exemption from COVID vaccination’ on the grounds that he had recently recovered from COVID”.
It said Djokovic’s first positive test was on 16 December and, on the date of issue, the exemption said the player “had not had a fever or respiratory symptoms in the past 72 hours”.
But photos later emerged of the world number one, unmasked, with young players the day after his lawyers said he tested positive for the virus.
It’s not clear if Djokovic knew the results of his test at the time.
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On the day he tested positive – 16 December – he was presented with a stamp by the Serbian postal service at the country’s communications museum in Belgrade, an event he tweeted about the next day.
In the next tweet, on 4 January, he said he had “spent fantastic quality time with loved ones over break” and he was now on his way “Down Under with an exemption permission”.
The Australian department of Home Affairs relied on its assertion it had not given Djokovic an assurance a medical exemption he said he had to enter Australia without a COVID-19 vaccination would be accepted.
His case has polarised opinions, especially in Australia where he has won the Open nine times.
After narrowly missing out on a calendar grand slam of the four major titles in the same year in 2021, he is likely to be keen to compete in the Australian Open this year because it will give him the chance to go ahead of Rafa Nadal and Roger Federer as the winner of the most major titles.
‘Sleep deprived and pressured’
But the past few days have made it difficult, with his lawyers saying he was sleep-deprived and pressured by Australian officials to cancel his visa after being detained at Melbourne airport.
He has also been made to stay at the Park Hotel, which doubles as an immigration detention facility, where for a period he was unable to access the gluten-free meals and exercise equipment he requested.
Djokovic’s case has resulted in a political row in Australia after Prime Minister Scott Morrison said “rules are rules” and any incoming passenger was responsible for meeting border regulations.
Mr Morrison was then accused of taking advantage of the case to improve his popularity ahead of upcoming elections.
