Novak Djokovic in limbo as lawyers battle over Australia entry ban

The tennis star remained in Australia after his lawyers launched an appeal seeking to overturn the federal government decision. A court agreed not to deport him before a full hearing scheduled for Monday, leaving the Serbian champion holed up in a quarantine hotel in Melbourne for at least the next 72 hours.

The saga, fuelled by domestic political point-scoring about the country’s handling of a record surge in new COVID-19 infections, has led to an international row, with Serbia’s president claiming his nation’s most celebrated sportsman was being harassed. “There are no special cases, rules are rules,” Australian Prime Minister Scott Morrison said at a televised news briefing. “We will continue to make the right decisions when it comes to securing Australian borders in relation to this pandemic.”

Spanish champion Rafael Nadal told reporters in Melbourne that he felt sorry for his rival “but at the same time, he knew the conditions since a lot of months ago. He makes his own decision.”

Djokovic, who has consistently refused to disclose his vaccination status while publicly criticising mandatory vaccines, kicked off the furore when he said on Instagram on Tuesday he had received a medical exemption to pursue a record-breaking 21st Grand Slam win at the Open starting Jan. 17.

The announcement prompted an outcry in Australia, particularly in the tournament host city of Melbourne, which has endured the world’s longest cumulative lockdown to ward off the coronavirus.

The move by the Australian government to block Djokovic’s entry has caused ructions between Canberra and Belgrade.

Serbian President Aleksandar Vucic said on Twitter he had spoken with Djokovic, giving the reassurance “that the whole of Serbia is with him and that our bodies are doing everything to see that the harassment of the world’s best tennis player is brought to an end immediately”.

Morrison said he was aware that “representations have been made” by the Serbian embassy in Canberra and denied the claims of harassment.

Djokovic’s father told media in Serbia that his son was ushered into an isolation room under police guard when he touched down at Melbourne’s Tullamarine airport at about 11:30 p.m. (1230 GMT) on Wednesday after a 14-hour flight from Dubai.

“They can incarcerate him tonight and shackle him tomorrow, but truth is like water as it always finds its way,” Srdjan Djokovic said, in comments quoted on the Telegraf newspaper’s website. “Novak is the Spartacus of the new world that does not tolerate injustice, colonialism and hypocrisy.”

At a hearing in the Federal Circuit and Family Court of Australia on Thursday evening, lawyers for Djokovic and the government agreed the player could remain in the country until at least Monday.

Nick Wood, a lawyer for Djokovic, earlier told Judge Anthony Kelly that Tennis Australia had advised they needed to know about his participation in the tournament by Tuesday.

In response, Kelly, who had asked when Djokovic was scheduled to play his first match, said: “If I can say with the respect necessary, the tail won’t be wagging the dog here.”

Djokovic’s fate is tied to a political fight in Australia, characterised by fingerpointing between Morrison’s conservative administration and the left-leaning Victoria state government.

The squabbles rumbled on as Australia’s daily COVID-19 infections hit a record high for the fourth consecutive day, with new cases exceeding 72,000, overwhelming hospitals and causing labour shortages.

Under Australia’s federal system, states and territories can issue exemptions from vaccination requirements to enter their jurisdictions. However, the federal government controls international borders and can challenge such exemptions.

Djokovic travelled to Australia after receiving an exemption from the Victorian government. That exemption – the reasons for which are not known – supported his federal government-issued visa.

On his arrival, however, Federal Border Force officials at the airport said Djokovic was unable to justify the grounds for his exemption.

The Australian task force that sets the exemption parameters lists the risk of serious cardiac illness from inoculation and a COVID-19 infection within the past six months as qualifiers. However, Morrison said on Thursday that Tennis Australia had been advised weeks ago that a recent infection did not meet the criteria for exemption.

Tennis Australia and Victoria government officials said Djokovic had received no preferential treatment.

The Serbian has won nine titles at Melbourne Park including the last three, but he will likely face a tough crowd if he takes to the court next week.

“I’d think the Victorian people would be thinking ‘Yes I’d love to see him play and compete, but at the same time there’s a right way and a wrong way’,” Australian tennis great Rod Laver, after whom the main showcourt is named, told News Corp.

“I think it might get ugly.”

Reactions to Novak Djokovic being refused entry to Australia to play the Australian Open:

“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.”

“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.”

“I told our Novak that the whole of Serbia is with him and that our bodies are doing everything to see that the harassment of the world’s best tennis player is brought to an end immediately.

“In line with all norms of international law, Serbia will fight for Novak, truth and justice. Novak is strong, as we all know.”

“For those asking, all players go through the same visa process overseen by Tennis Australia to play the Australian Open (as non Australians are currently not able to enter). So it beggars belief that Djokovic is the only player that has had his visa granted and then rescinded.”

“When next time somebody will tell you ‘Sports is not interfering with politics’ you remember the 6Jan2022 when purely political ‘ego’ is not allowing best tennis player in the world to enter the country to which … ‘governmental institutions’ granted entry.”

“Just to be crystal clear here, two separate medical boards approved his exemption. And politicians are stopping it. Australia doesn’t deserve to host a grand slam.”

“Whatever happens as this unfolds here, this is completely Novak Djokovic’s fault for not getting the vaccine in the first place, which he had ‘months’ to do.

“Best case scenario for everyone would have been a vaxxed Novak playing the #AusOpen with no drama. He chose against that.”

REUTERS