“Mr Djokovic experienced been given, on 30 December 2021, a letter from the Main Health care Officer of Tennis Australia recording that he had been delivered with a ‘Medical exemption from COVID vaccination’ on the grounds that he experienced just lately recovered from COVID,” the doc mentioned.
Djokovic’s initially Covid-good PCR take a look at was recorded on December 16, 2021, and following not demonstrating indicators of a fever or “respiratory signs or symptoms” he utilized for a healthcare exemption to compete in the Australian Open, in accordance to the doc.
The Serb participant — who has earlier criticized Covid-19 vaccine mandates — was granted a medical exemption to contend in the match unvaccinated “on the grounds that he experienced not long ago recovered from COVID,” his legal professionals stated in a courtroom submission Saturday.
The documents, which have been submitted to the court docket in advance of Djokovic’s hearing Monday, confirmed the participant was unvaccinated when he arrived in Australia on January 5.
Just after remaining questioned by the Australian Border Drive, the submission states that Djokovic’s exemption was identified to be invalid beneath Australia’s BioSecurity Act, mainly because his “former infection with COVID-19 is not viewed as a clinical contraindication for Covid-19 vaccination in Australia.”
A “medical contraindication” is granted in unique conditions where a drug, method, vaccine, or surgical treatment should not be utilised simply because it might be damaging to a person’s overall health.
Djokovic’s visa was then canceled on January 6 at 4:11 am nearby time, less than Segment 116(1)(e) of the Migration Act, which “will allow for the cancellation of a visa where the holder poses a danger to the wellness, security or very good get of the Australian neighborhood, or to an specific inside the Australian local community.”
Djokovic’s legal professionals argued in the submission that the nine-time Australian Open up champion had every purpose to believe he would be granted entry into the region, as he “held a visa unqualified by any pertinent condition … had obtained certification of a clinical exemption from vaccination from the tournament organizer… and experienced been given from the Department of Dwelling Affairs a document informing him that he fulfilled the necessities for quarantine-no cost arrival.”
The “letter from the Division of Household Affairs” referenced by Djokovic’s legal professionals fears the Australian Vacation Declaration (ATD) type, which is a regular document that will have to be filled in by all travellers arriving in the region at least 72 hrs right before departure.
In accordance to the ATAGI Expanded Direction on non permanent clinical exemptions for COVID-19 vaccines, a short term exemption can be granted for visa holders in some circumstances involving a “PCR-verified SARS-CoV-2 infection, where by vaccination can be deferred right until 6 months right after the an infection.”
Having said that, Key Minister Scott Morrison informed reporters Thursday that Tennis Australia was encouraged in a letter as much back as November 2021 that unvaccinated players with a recent Covid-19 an infection would not be authorized to enter the nation.
The Serbian superstar has not publicly unveiled his vaccination standing, but in a news meeting on Thursday, Morrison explained the 34-yr-outdated “didn’t have a valid medical exemption” to the vaccination need for arrivals into the region.
Djokovic’s authorized team sought an urgent injunction in opposition to the Australian Border Forces’ conclusion to revoke his visa. The country’s Federal Court docket has adjourned the final decision until finally Monday on irrespective of whether he will be permitted to keep on being in Australia or be deported, according to Reuters and general public broadcaster ABC.