Novak Djokovic visa denied: The questions we need answered

Ah, Novak. Never far from controversy. There is plenty we know about his bizarre Aus Open situation — and a whole lot more we don’t. Big questions answered.

Novak Djokovic won’t play in the Australian Open. Picture: AFP Images

The Novak Djokovic drama has made headlines around the world — here are the answers to the biggest questions.

Why was Djokovic’s visa denied?

The Australian Border Force ruled that Novak Djokovic failed to provide sufficient evidence that he was medically exempt from requirements that travellers be vaccinated to enter the country. It is understood that Djokovic was relying on the fact he had contracted Covid within the past six months but Border Force does not consider this valid grounds for an exemption.

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Novak Djokovic failed to provide sufficient evidence that he was medically exempt from requirements that travellers be vaccinated. Picture: Getty Images

What is the difference between the medical exemption to play in the Australian Open and the exemption to come into the country?

The Victorian government and Tennis Australia announced on Wednesday that Djokovic had been granted an exemption to the state’s vaccine mandate, allowing him to compete for his 21st grand slam title. The exemption was granted via a two-step process; approval from a Tennis Australia panel and then an independent panel of medical experts set up by Victorian health authorities.

Officials said yesterday that 26 people including players and members of their entourage had applied for an exemption under this process but only a “handful” had been approved. They said that most applied on the basis that they had contracted Covid within the previous six months.

However, this process did not satisfy federal border restrictions which demand a medical exemption, and not a previous Covid infection, as grounds for an exemption.

“Tennis Australia, as I understand, said that he could play. That is fine, that is their call but we make the call of the border and that is where it is enforced,” Prime Minister Scott Morrison said.

Prime Minister Scott Morrison has weighed in on the Novak Djokovic drama. Picture: Gary Ramage

Does he have grounds to appeal?

Djokovic is entitled to challenge the decision in court, but it could carry a days-long legal fight, according to an immigration lawyer. The first step would require his team to seek an urgent injunction in the Federal Circuit Court to prevent him from being deported.

If he was to obtain a “Bridging Visa E”, it is understood that Djokovic would be legally allowed to stay in Australia and be among the community, but he would lose any working rights.

Could he still play in the Australian Open?

Mr Morrison said that Djokovic would be deported “to a country where he is able to return to” when a flight could be arranged. The only hope for Djokovic to defend his Australia Open title is through the appeals process.

A legal challenge would carry a days-long battle for Novak Djokovic. Picture: AFP

Who is to blame for this visa mess?

State and federal authorities have pointed the finger of blame at each other. But in a press conference on Thursday morning, the Prime Minister said it was ultimately Novak Djokovic’s responsibility to ensure he had the correct paperwork. “The rules are made known to all travellers and they get on a plane based on their own view that they will be able to meet those requirements,” Mr Morrison said. “If they cannot, well, they cannot come in. That is just how the rules work.”

What does this mean for international relations and Australia’s reputation abroad?

The border bungle made international headlines and is no doubt expected to affect Australia’s international reputation. Novak’s enraged father, Srdjan, told Serbian media his son was being held in captivity.

“This is a fight for the liberal world, this is not just a fight for Novak, but a fight for the whole world,” he said.

In a blistering social media post, Serbia’s President Aleksander Vucic accused Australian authorities of harassing Djokovic.

“I told our Novak that the whole Serbia is with him, and that our authorities are taking all measures to stop the harassment of the best tennis player in the world … In accordance with all the norms of international public law, Serbia will fight for Novak Djokovic, for justice and truth,” he posted to his official account.

Novak Djokovic’s father told Serbian media that his son was being held in captivity. Picture: Michael Klein

What happened when he landed in Australia?

Djokovic landed in Melbourne just after 11pm on Wednesday night. He was immediately questioned at the airport by border officials in a process that stretched throughout the night. His father said the tennis star was held in isolation while two officers manned the door. Djokovic left the airport about 10am and was transferred to a holding hotel until a flight out of the country can be arranged.

What happened during the five hours Djokovic was locked down?

Officials quizzed Djokovic on his application to enter the country, however his father told Serbian media that he was separated from his team and taken to a room where he was kept under armed guard.

The ABF later confirmed that Djokovic had access to his phone throughout.

Bizarre ‘natural immunity’ claim in Djoker farce

A bizarre claim that Novak Djokovic has “natural immunity” to Covid has been tabled as the criteria for his exemption to enter Australia.

The world No.1, who has had his visa denied and looks set to be deported from Australia after failing to meet visa conditions, is believed to have been relying on the fact he recently contracted the virus as a means to enter unvaccinated.

The world is waiting with bated breath for answers to so many questions relating to the ongoing saga, the main one being the grounds on which he sought an exemption to contest the Australian Open.

In a 2GB segment on Wednesday, 9 News political editor Chris O’Keefe reported that Tennis Australia had pitched Djokovic’s natural immunity status to the Australian Technical Advisory Group on Immunisation (ATAGI) only to have it rejected.

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Novak Djokovic has been kicked out of Australia. Picture: AFP

“I’m told on good authority that Tennis Australia asked ATAGI, the federal taskforce on vaccination, if ‘natural immunity can work in place of two doses of vaccine’,” O’Keefe said.

“This is from ATAGI to Tennis Australia when they asked if someone had caught Covid, if that could be in place of them being fully vaccinated: ‘Natural immunity from the past infection is recognised as fully vaccinated in several European countries, but ATAGI also notes the challenge of confirming past infection and uncertainty with regards to the duration of protection.’

Novak Djokovic’s updated schedule on his official website… pic.twitter.com/FGJj0Bpuvq

— Michal Samulski (@MichalSamulski) January 5, 2022

“This is what ATAGI told Tennis Australia: ‘ATAGI recommends that two doses of TGA-approved or TGA-recognised Covid-19 vaccine, according to the recommended schedule, is still required in order to be vaccinated. Past infection is not a contraindication (meaning a valid reason against) vaccination.’

“So in Australia, ATAGI told Tennis Australia that past infection with Covid is not a valid reason against vaccination. They also said that vaccination can commence once recovered from severe illness – which is only 7 or 14 days – and only in exceptional circumstances can an exemption be given if that person caught Covid in the last six months.”

Djokovic announced on his social media channels he had caught the virus back in 2020 after the disastrous Adria Tour but has made no mention of a second contraction.

Novak Djokovic won’t play in the Australian Open. Picture: Getty Images

Australia border officials said the entry visa of the 34-year-old Djokovic was cancelled for failing to meet strict entry requirements.

“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,” the Australian Border Force said.

“Deportation!” Srdjan Djokovic later posted on Instagram after Australia’s decision.

“Our pride, our Novak is returning … We should all welcome him as deserved!”

The Serb star had landed in Melbourne earlier Wednesday after celebrating on social media that he had a medical exemption to play in the Australian Open without proof he was fully vaccinated against Covid-19.