Novak Djokovic visa scandal latest: Could diplomatic passport save world No.1 in deportation threat?

In a stunning development in the Novak Djokovic visa scandal, a forgotten 11-year-old detail could be the Serbian star’s saving grace.

Novak Djokovic’s work with the Serbian Davis Cup team has earned him a diplomatic passport. Picture AFP

Novak Djokovic is the holder of a diplomatic passport from the Republic of Serbia, with his country saying it should ensure “adequate treatment” of their tennis star.

The Serbian Embassy in Australia confirmed that Djokovic holds both a diplomatic passport – handed to him for being part of the Davis Cup championship team in 2011 – and an ordinary Serbian passport.

First counsellor at the embassy, Ivana Isidorovic, told the Herald Sun that Djokovic’s diplomatic passport should ensure “adequate treatment” of the 34-year-old, whose Australian visa status remains under a cloud.

“Djokovic, as our most recognisable representative in the world, is the holder of a diplomatic passport, which should, in diplomatic theory and consular practice, guarantee him adequate treatment when crossing borders,” she said in a statement on Friday.

Novak Djokovic’s work with the Serbian Davis Cup team has earned him a diplomatic passport. Picture AFP

Migration legal expert Kian Bone, of Macpherson Kelley law firm, said despite Djokovic’s diplomatic passport, he expected it would not confer any special treatment or have any status in his current visa fight.

“In my view, any claim for diplomatic immunity is only extended to ‘diplomatic agents’ and would not extend to a private citizen of Serbia,” Mr Bone said.

He said diplomatic passport holders, when entering the country on business – including to play in the Australian Open – would normally still have to apply for the appropriate visa to enter Australia.

Djokovic was granted a temporary activity visa subclass 408 to enter Australia, which was sponsored by Tennis Australia.

Even diplomatic passport holders normally still have to apply for the appropriate visa to enter Australia. Picture: Getty

The Department of Foreign Affairs and Trade website states: “Diplomatic and Official Passports do not confer on the holder any special rights or privileges”.

“Individual countries may confer, at their discretion, certain rights and privileges to holders of Diplomatic and Official Passports.”

In handing Djokovic and other Davis Cup champions their diplomatic passports in 2011, Serbian foreign Minister Vuk Jeremic said he was giving them the honour for contributing to the “popularity of Serbia in the world”.

“It’s a great honour to represent (our) country in that way, and also there is not a single country in the world which wouldn’t be honoured to have you as ambassadors,” Mr Jeremic said at the time.

Immigration Minister Alex Hawke’s office has been contacted for comment.

Djokovic has his eyes on the prize for Serbia during the 2011 Davis Cup. Picture: AFP

The stunning development comes as Djokovic’s rivals continue to turn on the world No.1.

On Thursday, world No.4 Stefanos Tsitsipas said Djokovic had put the Australian Open at risk and made other tennis players “look like fools” after travelling to Australia unvaccinated.

Djokoivc is looking to secure a 10th Australian Open title at Melbourne Park and an unprecedented 21st grand slam crown.

But the vaccine-sceptic’s fate remains uncertain with Australia’s government pondering whether to revoke his visa again and throw him out of the country for breaking Covid protocols.

“For sure he has been playing by his own rules,” Tsitsipas said in an interview with Indian broadcaster WION.

“It takes a lot of daring to do and (is) putting a Grand Slam at risk … I don’t think many players would do that.” Tsitsipas, who lost to Djokovic in last year’s French Open final, said nearly everyone at the Melbourne tournament had been vaccinated.

Stefanos Tsitsipas has fired some shots at Djokovic, saying he’s put the Australian Open at risk. Picture: AFP

Others, he said, “chose to follow their own way which kind of makes the majority look like they’re all fools.”

Djokovic flew into Melbourne airport on January 5 carrying a vaccine exemption because of a claimed positive PCR test result on December 16.

Border agents rejected his exemption, saying a recent infection was an insufficient justification, tore up his visa and placed him in a detention centre.

But Djokovic’s high-powered legal team overturned the visa decision in court on Monday on a procedural matter related to his airport interview, leaving us in the holding pattern which is currently gripping the tennis world.