Novak Djokovic‘s lawyers have confirmed his medical exemption application to play at the Australian Open was based on him having recovered from COVID-19 infection.
In submissions filed in court on Saturday, Djokovic’s legal team states the Serbian superstar had tested positive for coronavirus on December 16.
The infection was not publicly announced at the time.
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Lawyers say 14 days after the test, Djokovic “had not had a fever or respiratory symptoms of COVID-19 in the last 72 hours” and stress his medical exemption was granted by two independent panels, off the back of ATAGI’s recommendations.
Djokovic’s lawyers also claim that he received a letter from Australia’s Department of Home Affairs indicating that he met the conditions for quarantine-free travel to Australia.
The visa granted to Djokovic to travel to Australia on November 18, 2021 was subject “to no condition… in any way in regard to vaccination status.”
The defending AO champion is currently being detained in a Melbourne hotel until his bid to remain in Australia is heard in court on Monday.
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However, his lawyers say Djokovic, 34, has asked to be moved from the hotel lockdown so he can begin training for the AO.
Also in the documents, lawyers claim Djokovic was held for questioning at Melbourne Airport for about eight hours before being whisked away to the Park Hotel.
They argue Djokovic was denied fair process and access to his legal team during the airport grilling.
The documents show that around 4.11am on Thursday, after flying into Victoria from Dubai, Djokovic “was purportedly given a notice of intention to consider cancellation” of his visa.
An interview then began at 6.07am and at 7.29am the decision was made to cancel his visa, with Djokovic notified of the decision later at 7.42am.
The documents say a bed was prepared for Djokovic to get some sleep in the early morning, to allow the “confused” and “unrested” tennis star to make contact with Tennis Australia and his representatives at a reasonable hour for further details.
“Mr Djokovic expressed shock, surprise, confusion and otherwise expressed puzzlement at his situation, given that (as he understood it) he had done everything he was required to do to enter Australia,” the submission reads.
“He did not know what further information the Delegate wanted. Mr Djokovic repeatedly requested additional time to speak with (variously) Tennis Australia, his agent, and his lawyers, to get further information to put before the Delegate.”
Djokovic has tested positive for COVID-19 before, in June 2020, after the ill-fated Adria Tour exhibition tournament.
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