Novak Djokovic visa saga: Scott Morrison shuts down Novak Djokovic questioning

It was thought Novak Djokovic’s visa fate may be settled at Scott Morrison’s afternoon press conference. But what happened next caught those watching by surprise.

Prime Minister Scott Morrison refused to be drawn on the visa debacle.

Asked whether a decision on Djokovic’s visa had been made, and how long the government was going to delay, he said:

“I will refer to Mr Hawke‘s most recent statement in that the position hasn’t changed. These are personal ministerial powers able to be exercised by Minister Hawke and I don’t propose to make any further comment at this time.”

Asked if unvaccinated foreign citizens were a threat to Australia’s public health he said the rules were central to the government’s achievements during the pandemic.

“If you are not a citizen or resident, then the health rules we have in place, to protect our borders, and our border protection policies have been central to the government’s achievements ... and Australia’s achievements more generally, in having one of the lowest death rates, strongest economies and highest vaccination rates in the world.”

He quickly shut down the press conference after this question, and gave a shout out to his wife Jenny for their anniversary.

A federal government source told the Herald Sun a decision on Djokovic’s visa was “categorically not happening today”

DJOKOVIC TRAINS UNDER EYE OF CHOPPER

Djokovic took to centre court on Wednesday under the watchful eye of coach Goran Ivanisevic - and a news chopper.

The Serbian trained in hot Melbourne conditions as the heat continues to grow regarding his visa status.

The Prime Minister’s office has said that as of midday on Thursday, a decision was yet to be made about whether Djokovic would be deported.

Hours out from the Australian Open draw there was still no certainty the world No 1 would be in the country for the tournament.

The message from the PM’s office followed further delays to a decision from Immigration minister Alex Hawke after Djokovic’s lawyers handed authorities “lengthy” submissions and supporting documents on Wednesday, said to be relevant to a possible cancellation.

The delay comes after the Federal Government was reportedly still preparing a case to revoke Novak Djokovic’s visa and kick him out of the country - and the Australian Open.

Sources say Hawke delayed a final decision on whether or not to invoke his discretionary power and cancel Djokovic’s visa because the case had serious implications for the government’s border protection policies.

A government source said any move to relax the government’s Covid immigration rules and allow the world’s number one tennis player to stay in Australia would set a dangerous precedent.

ALMIGHTY SLEDGE

Opposition Leader Anthony Albanese said the Morrison government needed to act quickly to put the matter to rest, slipping in a brutal sledge.

“How long is the focus group taking in order for the government to get the answer before it responds to this issue?” he told reporters on Thursday.

“This debacle is quite frankly causing enormous international embarassment.”

Novak Djokovic in action at Melbourne Park

The source said the government was prepared to weather an international backlash the decision would attract because it would be in the national interest and consistent with our “ongoing efforts to control the spread of Covid”.

Another source told the Herald Sun Djokovic’s case was “weakening by the day”.

In a statement, a spokesman for Minister Hawke said: “Naturally, this will affect the time frame for a decision.”

It is believed that the Department of Home Affairs has collated all information relating to the case that was in the public ­domain on Wednesday.

This includes Djokovic’s Instagram statement and PCR test timelines.

Given the tennis star has now been exposed as misleading the Australian Border Force on one occasion and the court on another, his character could now play an important role in the success of the case.

The minister holds the power to cancel visas on character grounds.

Home Affairs Minister Alex Hawke. Picture: NCA NewsWire/Martin Ollman

Djokovic released a statement on his social media accounts on Wednesday, apologising for a lapse in judgment and claiming his entourage made a mistake on his travel declaration forms.

He also used the post to clarify the timing of his positive Covid tests and subsequent public appearances.

The Djokovic team had hoped the post would take some of the heat out of the issue but instead it has seemingly highlighted some inconsistencies in Djokovic’s legal case and his team’s public statements.

The government source said Home Affairs was looking at the public statements to determine what impact, if any, there would be on the visa dispute.

More than 41,000 people have voted in News Corp’s poll, and 81 per cent called for his deportation.

WHAT THE STATEMENT SAID

Seeking to clarify what he described as “continuing misinformation” about his movements while Covid positive Djokovic said: “On the issue of travel declaration, this was submitted by my support team on my behalf – as I told immigration officials on my arrival – and my agent sincerely apologises for the administrative mistake in ticking the incorrect box about my previous travel before coming to Australia.

“This was a human error and certainly not deliberate. We are living in challenging times in a global pandemic and sometimes these mistakes can occur. Today, my team has provided additional information to the Australian Government to clarify this matter.”

The statement raised more questions about evidence provided to the court about his Covid diagnosis in December.

A sworn affidavit claimed the world No 1 received news of his positive test at 8:19pm on December 16.

“On 16 December 2021, I was tested and diagnosed with SARS-CoV-2 (Covid),” his affidavit reads.

“Annexed hereto and marked ND-2’ is a true copy of my Covid-PCR test result issued by the Institute of Public Health of Serbia showing a positive Covid result dated 16 December 2021.”

However the statement suggests otherwise.

Djokovic has been accused of putting the lives of innocent people at risk, with evidence mounting that he conducted an event with children at his tennis centre after testing positive for Covid-19 on December 16.

“I want to emphasise that I have tried very hard to ensure the safety of everyone and my compliance with testing obligations,” he continued.

“I attended a basketball game in Belgrade on 14 December after which it was reported that a number of people tested positive with Covid-19. Despite having no Covid symptoms, I took a rapid antigen test on 16 December which was negative, and out of an abundance of caution, also took an official and approved PCR Test on that same day.

“The next day I attended a tennis event in Belgrade to present awards to children and took a rapid antigen test before going to the event, and it was negative.

“I was asymptomatic and felt good, and I had not received the notification of a positive PCR Test result until after that event.

Djokovic was in a detention facility for four nights after arriving

HOW WE GOT HERE

Earlier this week, Djokovic, who spent four nights in a detention hotel in Carlton, won a court battle against the Home Affairs Minister.

Judge Anthony Kelly found the decision to cancel the world No 1’s visa was “unreasonable” and ruled in favour of the Djokovic being allowed to remain in the country.

The win however did not guarantee him entry to the Australian Open as the government would have to decide whether or not they would act on the personal power of cancellation.

At the time Judge Kelly warned that if the government, through another Minister, exercised a personal power to cancel the visa then Djokovic would not be permitted to return to Australia for three years.

OTHER PLAYERS DEPORTED

Djokovic is not the only player to have come under the microscope for the exemption used to enter the country.

On Saturday, Czech doubles player Renata Voracova was deported more than a week after arriving in Melbourne.

The 38-year-old was held in the same detention facility as Djokovic but decided not to contest the cancellation of her visa.

She has since suggested she will seek compensation from tennis Australia.

“The air ticket alone cost 60,000 Czech crowns and my coach travelled with me. And then there is all that time, hotels, training for the Grand Slam, the potential prize money.”

“I hope Tennis Australia will face up to it and that we won’t have to take legal steps,” added Voracova, who said she had no appetite for tennis since landing in Prague on Monday.

“I’m not thinking about tennis. I’m still waking up from the shock, I haven’t processed it yet. I’m exhausted.

“I didn’t expect that in the darkest dream, it was just too much.

“I was worried. I didn’t feel safe until I was back home, nothing was certain.”

“It was as if I were watching a film — a long interrogation with instructions such as ‘undress, get dressed’. Yuck, I don’t even want to think about it, let alone live it again.”

NOVAK DJOKOVIC COVID SAGA TIMELINE

2020

APRIL

Djokovic makes clear his stance that he’s publicly opposed to vaccination, and “wouldn’t want to be forced by someone to take a vaccine in order to be able to travel”.

JUNE

He’s roundly criticised for organising his own tournament, the Adria Tour – which is cut short when he and other players,  including Dominic Thiem and Alexander Zverev, test positive to Covid-19.

2021

OCTOBER

Victorian authorities confirm that all professional athletes must be double-vaccinated to gain entry into Australia.

DECEMBER

December 10

The deadline for a medical exemption to be submitted to Tennis Australia passes.

December 14

Djokovic attends a basketball match in Belgrade where numerous people subsequently test positive for Covid-19.

December 16

An important day. Djokovic claims to test negative on a Rapid Antigen Test, while also taking a PCR test – the results of which are reportedly returned at 8.19pm. Under Serbian rules, Djokovic’s 14-day self-isolation begins. Earlier, he attends an event to launch a new stamp with his picture on it.

December 17

Djokovic is pictured at an awards ceremony at the Novak Tennis Academy in Belgrade, where he mingles with children. An asymptomatic Djokovic says he returned a negative RAT test prior to the event, and didn’t learn of his positive PCR test result until later.

December 18

Conducts a 33-minute interview with French newspaper L'Equipe in Belgrade, posing maskless in a photoshoot – a decision he says as “an error in judgment”. Returns home to complete the required isolation. Later, Serbian Prime Minister Ana Brnabic says if Djokovic attended events while positive he had “clearly violated the rules”.

December 22

Returns a negative Covid-19 PCR test in Belgrade.

December 25

Having cleared isolation following his negative test, Djokovic is filmed pictured separately with handball player Petar Djordjic in Belgrade.

December 30

Djokovic is granted permission by Tennis Australia to play the Australian Open

December 31

Djokovic is spotted training on hardcourts in Marbella, Spain, in a clue that he’s deep in preparations for the Australian Open.

2022

January 1

Djokovic’s Australian Travel Declaration is completed – by his agent, he later claims. In it, he declares he’s had no travel in the prior 14 days and that he is unvaccinated against Covid-19 but has a medical exemption.

January 4

Reveals on Instagram he has received "exemption permission" to enter Australia.

January 6

Arrives in Melbourne and is sensationally detained and interviewed by border officials, with his visa cancelled.

January 10

Djokovic has a huge win in Federal Court, winning his appeal against deportation with Judge Kelly throwing out Djokovic’s visa cancellation. Later, he enjoys a midnight training session at Rod Laver Arena. Meanwhile, a press conference with Djokovic’s family comes to a sudden end after they refuse to clarify Djokovic’s movements in relation to his December 16 positive result.

January 11

A free man, Djokovic takes to Rod Laver Arena for a closed practice session.

January 12

Djokovic moves to dispel ‘misinformation’ in a lengthy Instagram post as his legal team provides further evidence to support his case – prompting another 24-hour delay in decision-making by Immigration Minister Alex Hawke.

January 14

Djokovic has his visa cancelled for a second time, as Immigration Minister Alex Hawke invoked his discretionary powers. Djokovic launches appeal.

January 16

Djokovic's appeal to Immigration Minister Alex Hawke's decision to cancel the Serbia star's Australian visa is upheld. The world no.1 is deported and leaves the country on a plane to Dubai.

Originally published as Novak Djokovic visa saga: Scott Morrison shuts down Novak Djokovic questioning