Novak Djokovic's lawyers claim he tested positive for COVID-19 on 16 December, but questions emerge over timing and legitimacy
Novak Djokovic tested positive for COVID-19 on 16 December, according to legal documents submitted by his lawyers. Djokovic, who first contracted the virus in 2020, did not show any symptoms in the 72 hours before testing positive on this occasion.
The documents also state that he received a medical exemption certificate from Tennis Australia on 30 December.
Djokovic's legal submissions were recently made public as lawyers built his case for his hearing on Monday, where he has challenged the decision of the Australian Border Force to cancel his visa.
The Serb's visa was canceled around nine hours after he arrived at Melbourne airport. During that period, Djokovic was detained and questioned by the Australian Border Force, who eventually ruled that the World No. 1 did not provide enough evidence supporting his medical exemption.
A legal document submitted by Djokovic's lawyers revealed that the Serb received clearance for a quarantine-free arrival into Australia by the Department of Home Affairs on 1 January.
"Mr Djokovic had also received, on 01 January 2022, a document from the Department of Home Affairs (“Department”) in regard to his “Australian Travel Declaration” (“Declaration Assessment”).5 The Declaration Assessment told Mr Djokovic that, “[his] Australia Travel Declaration [had] been assessed,” and that “[his] responses indicate[d] that [he met] the requirements for a quarantine-free arrival into Australia where permitted by the jurisdiction of your arrival,” that jurisdiction being Victoria.
But it is important to note that the final date to submit the medical exemption application was on 10 December, a few days before Djokovic contracted the virus.
A positive test on December 16 would have come too late for the Tennis Australia exemption process deadline as described to players.
According to Tennis Australia documents, the deadline for applying for an exemption had been nearly a week earlier, “no later than” December 10. https://t.co/VOMxGggn02
So does that mean an exception was made in Djokovic's case?
The legal documents also confirmed that Novak Djokovic is unvaccinated and was seeking a medical exemption on the basis of a prior infection. It was also mentioned that contracting COVID-19 "is not considered a medical contraindication for COVID-19 vaccination in Australia."
The screenshot below is of Djokovic's legal application for his hearing set for Monday.
"During an interview with an Australian Border Force (ABF) officer, you (Novak Djokovic) have stated you are not vaccinated against COVID-19," read the application papers. "You have also provided a copy of a medical exemption issued by Tennis Australia. This medical exemption was issued on the grounds that you have recently recovered from COVID-19.
"Under the Biosecurity Act 2015, there are requirements for entry into Australian territory. These requirements include that international travellers make a declaration as to their vaccination status (vaccinated, unvaccinated, or medically contraindicated). Travellers may make a declaration that they have a medical contraindication and must provide evidence of that medical contraindication provided by their medical practitioner. Previous infection with COVID-19 is not considered a medical contraindication for COVID-19 vaccination in Australia."
The document also revealed that Djokovic's medical exemption was "facilitated" by Tennis Australia, who also helped him complete the Australian Travel Declaration form.
The Australian Border Force then surmised that Tennis Australia would have had no choice but to act on the information provided to them by Djokovic. This led them to rule in favor of canceling Djokovic's visa.
"The visa holder (Novak Djokovic) stated that Tennis Australia facilitated his medical exemption from COVID-19 vaccination requirement and completed the Australian Travel Declaration on his behalf," the application mentioned.
"I (Minister of Home Affairs) consider that Tennis Australia would have facilitated his medical exemption and Australian Travel Declaration based on information the visa holder provided to them. As such, I don't consider these constitute extenuating circumstances beyond the visa holder's control."
"Based on the above, I apply significant weight in favour of visa cancellation for this factor."
Novak Djokovic tested positive on 16 December, but he was also spotted attending a number of events
Novak Djokovic returned a positive PCR test on 16 December as per the legal documents. However, he was pictured in multiple locations on that day and the following day (17 December).
Djokovic attended a ceremony on 16 December organized by the Serbian Post, who announced a stamp in honor of the World No. 1.
Djokovic also attended a panel discussion at the Novak Tennis Center in Belgrade on 16 December.
Yesterday, as part of our "Path of a Champion" program, we organized a panel discussion at Novak Tennis Center on the topic "The role and establishment of authority in the development of character and discipline."🌟💙
Watch the full video.👇
youtu.be/3aYTPpF0bMk. https://t.co/UWtk43BBgE
The Serb then attended an award ceremony for upcoming tennis players at his academy in Belgrade. Pictures from the event emerged on 17 December, with one account on Twitter (the one directly embedded below) mentioning that the ceremony was held "today," i.e., on the 17th.
That begs the question: if the event was indeed on 17 December, how could Djokovic, who tested positive the day before, have been allowed to attend it?
As things stand, Djokovic is currently housed at a facility meant for detainees in Melbourne. His hearing is scheduled for 10 a.m. on Monday, following which he will learn if he can play at the 2022 Australian Open.
Should the court rule in favor of the Federal Government, Djokovic will have to leave Australia at the earliest.