Why was Novak Djokovic's visa to enter Australia canceled?
Novak Djokovic's visa to enter Australia was canceled on Wednesday after the Serb spent eight hours in detention at Melbourne Airport. Djokovic entered the island nation with a medical exemption, which was ultimately deemed insufficient by the Australian Border Force and the Federal Government.
As things stand, the World No. 1 and his legal team have successfully secured an interim injunction that prevents Djokovic from being deported before the 10 am hearing on Monday.
The judge presiding over the case -- Federal Circuit Court Judge Anthony Kelly -- has asked both parties (Djokovic and the Home Affairs Ministry) to present their full set of evidence over the weekend.
BREAKING: Commonwealth government barrister Christopher Tran says Home Affairs Minister Karen Andrews will not oppose an interim injunction against deporting Novak Djokovic today.
He is set to stay in Australia overnight.
Media reports indicate that Djokovic is being housed at the Park Hotel in Carlton. The Park Hotel is an establishment that has been in use since December to house government detainees seeking visas to Australia.
But why does Djokovic find himself in such a situation dispute having secured a medical exemption granted by a panel appointed by the Victorian Department of Health? What led to his visa getting canceled at the border? Here, we try and find the answers.
Here's where we're at - there's three pathways for the govt to go down in the next two hours:
1 - they agree to let ND stay until the final decision Monday
2 - they push to deport him tonight or tomorrow so the injunction needs to be decided tonight
OR
3 - they still want to deport him but not straight away, so the injunction can be heard tonight with a decision later, or it can be pushed back to tomorrow.
What did the Australian Border Force say about Novak Djokovic's medical exemption?
Before we delve deeper, let us take a look at the statement released by the Australian Border Force once they canceled Novak Djokovic's visa.
They made it clear that the Serb "failed" to provide "appropriate evidence to meet entry requirements," meaning that he did not have enough evidence to prove that he was medically exempt.
They also insisted that they did not confiscate his phone, contrary to media reports.
"The Australian Border Force will continue to ensure that those who arrive at our border comply with our laws and entry requirements," the statement read. "The ABF can confirm that Mr Djokovic failed to provide appropriate evidence to meet the entry requirements to Australia, and his visa has been subsequently cancelled.
"Non-citizens who do not hold a valid visa on entry or who have had their visa cancelled will be detained and removed from Australia," it added. "The ABF can confirm Mr Djokovic had access to his phone."
It appears that Djokovic and Tennis Australia were under the assumption that the medical exemption the 20-time Major champion had secured was enough to ensure his entry into Melbourne. Unfortunately for the Serb, that was not the case.
Reasons why Novak Djokovic's visa could have been rejected
It is pertinent to note that the reasons for Novak Djokovic's medical exemption are still unclear.
Some publications have indicated that the World No. 1 claimed he contracted COVID-19 in the past six months. As per the guidelines, contracting the virus allows you to stay unvaccinated for six months.
The same rulebook -- advice from the Australian Technical Advisory Group on Immunisation, dated December 14, 2021 -- also states that two doses of a vaccine “are still required in order to be considered fully vaccinated” and past infection is “not a contraindication to vaccination.”
It is also being reported by several respected Australian media publications that Tennis Australia was repeatedly warned that a recent COVID infection was not reason enough to grant quarantine-free entry into the country. The Federal Government had written to Tennis Australia to warn them about this very point.
It now appears that the Australian Technical Advisory Group on Immunisation (ATAGI) did not support Tennis Australia's medical exemption process, a sentiment shared by the Australian Border Force.
Unfortunately for Djokovic, his case went all the way to the Federal Government, involving Prime Minister Scott Morrison and Home Affairs Minister Karen Andrews.
Morrison, for his part, tweeted on Wednesday about Djokovic's visa getting canceled. He also stressed that nobody is above the rules, which would suggest that Djokovic will be forced to head home if a deportation order comes his way on Monday.
"Mr Djokovic’s visa has been cancelled," Scott Morrison tweeted. "Rules are rules, especially when it comes to our borders. No one is above these rules. Our strong border policies have been critical to Australia having one of the lowest death rates in the world from COVID, we are continuing to be vigilant."
Mr Djokovic’s visa has been cancelled. Rules are rules, especially when it comes to our borders. No one is above these rules. Our strong border policies have been critical to Australia having one of the lowest death rates in the world from COVID, we are continuing to be vigilant.
Novak Djokovic secured a medical exemption reviewed by a panel set up by the Victorian Department of Health. Should that not suffice?
The exemption secured by Djokovic has clearly not proven to be sufficient. A panel of reviewers was directly appointed by the Victorian Department of Health, but it is pertinent to note that all applications were sent anonymously, meaning Djokovic was not given preferential treatment..
Assuming Djokovic said that he contracted COVID-19 in the past six months, the panelists medically had no choice but to give him an exemption (provided he furnished proof of some kind).
But here's where things get a little murky. In the statement released by Tennis Australia explaining how the medical exemption process worked, they stated that all applications, including Djokovic's, was assessed "to see if they met the Australian Technical Advisory Group on Immunisation (ATAGI) guidelines."
"Novak Djokovic will compete at the Australian Open and is on his way to Australia," the statement read. "Djokovic applied for a medical exemption which was granted following a rigorous review process involving two separate independent panels of medical experts.
"One of those was the Independent Medical Exemption Review Panel appointed by the Victorian Department of Health. They assessed all applications to see if they met the Australian Technical Advisory Group on Immunisation (ATAGI) guidelines."
Surely, if the team of experts went by the ATAGI guidelines, they would have known that prior infection (in the past six months) was not reason enough to grant an exemption?
As mentioned earlier, the ATAGI guidelines state that a past infection is “not a contraindication to vaccination”.
The question now arises if Djokovic received a medical exemption due to a past COVID infection or something else entirely. Most media reports point to the former, in which case it seems like the exemption process may not have been thorough enough in the eyes of the Federal Government and the Australian Border Force. Djokovic appears to be paying the price for that.
You follow the rules set by the authorities of the country. You fly across the world to then be told by the same people who approved your application that you can’t enter, while being isolated in a room. That’s not the way to treat anybody. Public humiliation. #Djokovic
As of right now, there is nothing the Serb can do but wait for the final decision on Monday.