Novak Djokovic was granted medical exemption after testing constructive for Covid-19 in December, court docket paperwork present

The event comes because the tennis World No. 1 is confined to a short lived detention facility in Melbourne as he mounts a determined authorized problem in opposition to the cancellation of his visa forward of the match.

“Mr Djokovic had acquired, on 30 December 2021, a letter from the Chief Medical Officer of Tennis Australia recording that he had been supplied with a ‘Medical exemption from COVID vaccination’ on the grounds that he had just lately recovered from COVID,” the doc mentioned.

Djokovic’s first Covid-positive PCR check was recorded on December 16, 2021, and after not displaying indicators of a fever or “respiratory signs” he later utilized for a medical exemption to compete within the Australian Open, in accordance with the court docket submitting.

In a letter dated December 7, which was leaked to journalists Friday and can’t be independently verified by CNN, it seems match organizers wrongly knowledgeable unvaccinated gamers they might enter Australia to participate within the grand slam.

The letter advises {that a} confirmed Covid-19 an infection within the final six months together with an accompanying letter from a physician or public well being authority can be thought of as legitimate documentation for a medical exemption. Gamers had been urged to submit their purposes no later than December 10, the doc states.

The steering seems to contradict recommendation in a extensively reported letter despatched by Australia’s Well being Minister Greg Hunt to match director Craig Tiley in November stressing {that a} Covid-19 an infection previously six months didn’t meet the necessities for quarantine-free entry.

Saturday’s revealed court docket paperwork, which have been submitted to the court docket forward of Djokovic’s listening to Monday, confirmed the 34-year-old — who has beforehand voiced opposition to Covid-19 vaccines and vaccines mandates — was unvaccinated when he arrived in Australia on January 5.

After being questioned by the Australian Border Power, the submission states that Djokovic’s exemption was decided to be invalid underneath Australia’s BioSecurity Act as a result of his “earlier an infection with COVID-19 shouldn’t be thought of a medical contraindication for Covid-19 vaccination in Australia.”

A “medical contraindication” is granted in particular conditions the place a drug, process, vaccine, or surgical procedure shouldn’t be used as a result of it might be dangerous to an individual’s well being.

Djokovic’s visa was then canceled on January 6 at 4:11 am native time, underneath Part 116(1)(e) of the Migration Act, which “permits for the cancellation of a visa the place the holder poses a threat to the well being, security or good order of the Australian group, or to a person inside the Australian group.”

Djokovic’s legal professionals argued within the submission that the nine-time Australian Open champion had each cause to consider he can be granted entry into the nation as he “held a visa unqualified by any related situation … had acquired certification of a medical exemption from vaccination from the match organizer … and had acquired from the Division of Residence Affairs a doc informing him that he met the necessities for quarantine-free arrival.”

The “doc from the Division of Residence Affairs” referenced by Djokovic’s legal professionals issues the Australian Journey Declaration (ATD) kind, which should be crammed in by all passengers arriving within the nation at the very least 72 hours earlier than departure.

In line with the Australian Technical Advisory Group on Immunisation’s Expanded Steering on short-term medical exemptions for Covid-19 vaccines, an exemption could be granted for visa holders in some circumstances involving a “PCR-confirmed SARS-CoV-2 an infection, the place vaccination could be deferred till 6 months after the an infection.”

Nevertheless, Prime Minister Scott Morrison advised reporters Thursday that Tennis Australia was suggested in a letter way back to November 2021 that unvaccinated gamers with a latest Covid-19 an infection wouldn’t be allowed to enter the nation.

Talking at a information convention on Thursday, Morrison mentioned the 34-year-old “did not have a legitimate medical exemption” to keep away from the vaccination requirement for arrivals into the nation.

Djokovic’s authorized staff sought an pressing injunction in opposition to the Australian Border Forces’ determination to revoke his visa. The nation’s Federal Circuit Courtroom has adjourned the choice till Monday on whether or not he can be allowed to stay in Australia or be deported.

Images present Djokovic unmasked at occasions on the day paperwork present he examined constructive

A number of photographs posted by the Novak Basis’s official social media accounts present Djokovic, who wasn’t sporting a masks, taking part in a panel dialogue in entrance of an viewers.

The pictures are dated December 16, which is identical date Australian court docket paperwork present he examined constructive for Covid-19. Not one of the different contributors had been sporting masks.

On December 17, the Belgrade Tennis Affiliation’s Fb web page posted varied images of Djokovic posing with a gaggle of younger folks at a tennis awards ceremony. One picture exhibits at the very least 26 principally younger folks posing with him. Native Serbian media extensively reported that Djokovic participated within the youth awards occasion.

On the identical day, Djokovic posted {a photograph} of himself with a plaque on his official Instagram account.

The caption reads: “An honor to obtain my very personal Serbian stamp. Thanks to my beneficiant nation for this uncommon reward! I am humbled!! Excited to share we’ll companion with the Serbian Nationwide Postal Service on @novakfoundation initiatives for each youngster to have the chance to attend preschool 🙏🏼. Gratitude for everybody that introduced this collectively. Now @jelenadjokovicndf and I’ll take some stamps dwelling for the children to write down to Santa.”

It’s unclear if Djokovic was conscious of his check outcomes earlier than showing at any of those occasions. CNN has reached out to Djokovic’s representatives for remark.

Plenty of fellow gamers have lent their assist to Djokovic whereas the visa saga stays ongoing, together with Australia’s Nick Kyrgios and the USA’s John Isner.

In his native Serbia, in the meantime, the Djokovic household staged a protest in entrance of the nation’s Nationwide Meeting in Belgrade earlier this week. Djokovic’s father, Srdjan, mentioned authorities had been holding his son as a “captive” — a declare Australia’s dwelling affairs minister Karen Andrews denied.

“He’s free to go away at any time that he chooses to take action, and Border Power will really facilitate that,” Andrews advised ABC on Friday.

“It’s the particular person traveler’s duty to make it possible for they’ve in place all the mandatory documentation that’s wanted to enter Australia.”

CNN’s Niamh Kennedy, George Ramsay and Jennifer Hauser contributed to this report.

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