Djokovic drama explained: Huge ‘mistake’ behind Novak’s visa trainwreck

There’s been so much to wrap your head around with the Novak Djokovic case – but it’s clear a giant miscalculation is behind this whole saga.

Novak Djokovic is waiting to find out what his fate will be. Picture: Getty Images/NCA NewsWire (Gary Ramage)

Novak Djokovic’s dream of winning a 10th Australian Open crown and surging to the outright lead of men’s grand slam winners is in tatters as he fights for the right simply be allowed to stay Down Under for the year’s first major.

The vaccine-sceptic tennis star has been in the headlines because his visa was cancelled and he now faces being deported from Australia without stepping foot on Rod Laver Arena.

So what the heck happened for us to get here? Well, let’s start from the beginning.

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Vaccine mystery gives way to outrage in Australia

Players need to be fully vaccinated to compete at the Australian Open – or else be able to provide valid reasons for being exempt. Djokovic has spoken publicly of his anti-vax views so for months there’s been speculation about whether he would make it to Australia to play in his most successful grand slam.

He had repeatedly refused to divulge his vaccination status. Some thought the allure of a 21st major trophy — which would see him leapfrog Roger Federer and Rafael Nadal at the top of the tree — would convince him to get the jab. Others thought he would abstain from getting vaccinated, even if it meant forgoing a visit to Melbourne Park in 2022. Then there was option three – remain unvaccinated but try to nab an exemption.

Djokovic announced via an Instagram post on Tuesday night he was “heading Down Under with an exemption permission” and Tennis Australia (TA) confirmed the Serbian had indeed received a “medical exemption which was granted following a rigorous review process involving two separate independent panels of medical experts”.

TA was not responsible for granting the exemption. Instead, the exemption it referred to was the result of a review process involving the aforementioned “two independent panels of medical experts” — the Australian Technical Advisory Group on Immunisation (ATAGI) and the Independent Medical Exemption Review Panel appointed by the Victorian Department of Health. They assessed exemption applications in a “blind” fashion – that is, without knowing the names or countries of origin of the applicants.

TA boss Craig Tiley said 26 players and close support staff applied but only a “handful” were successful. Djokovic was among them – we’ll get to the “why” part a little later.

Unsurprisingly, news of Djokovic’s exemption sparked a furious reaction among Australians, who have been told the key to getting back to normal life and enjoying the freedoms we’ve been robbed of during the pandemic is to get the jab. The fact an anti-vax millionaire was being allowed to bypass the rules and swan in regardless didn’t sit well.

Moment it started going horribly wrong for Novak

On Wednesday night there were warning signs that Djokovic’s entry into Australia wouldn’t be so smooth.

Home Affairs Minister Karen Andrews released an ominous statement saying: “While the Victorian Government and Tennis Australia may permit a non-vaccinated player to compete in the Australian Open, it is the Commonwealth Government that will enforce our requirements at the Australian border.

“If an arriving individual is not vaccinated, they must provide acceptable proof that they cannot be vaccinated for medical reasons to be able to access the same travel arrangement as fully vaccinated travellers.”

It was the first major indication Djokovic was in trouble. The statement was effectively saying the tennis player may have been given the tick of approval by TA and Victoria, but they don’t control the borders – the Federal Government does, and it will decide who comes into the country.

Prime Minister Scott Morrison also warned Djokovic would be “on the next plane home” if he couldn’t provide sufficient evidence as to why he was unable to be vaccinated.

Shortly before midnight on Wednesday acting Victorian Sports Minister Jaala Pulford said on Twitter Victoria would “not be providing Novak Djokovic with individual visa application support to participate in the 2022 Australian Open Grand Slam” because “visa approvals are a matter for the Federal Government”.

Gulp. This was the moment you got the feeling it could all go horribly wrong for Djokovic.

Scott Morrison laid down the law. Picture: AFP

Real reason Djokovic had his visa cancelled

Djokovic touched down in Melbourne late on Wednesday night but when Australia woke on Thursday morning, he hadn’t left the airport. Initial reports suggested there were issues with his paperwork and perhaps a member of his entourage had filled out the incorrect visa application.

But the story quickly changed and it was revealed the Australian Border Force (ABF) had refused Djokovic entry because, as Morrison said, he provided “insufficient” evidence that he was entitled to a medical exemption.

The ABF also released a statement saying Djokovic “failed to provide appropriate evidence to meet the entry requirements to Australia, and his visa has been subsequently cancelled”.

So Djokovic may have had an exemption but his supporting paperwork wasn’t strong enough — for the ABF’s liking — to prove he fell into the category of people who actually warrant one. It was good enough for independent medical panels and tennis bosses, but not for the people who actually control Australia’s borders.

An unvaccinated Djokovic was permitted to play in a tennis tournament – he just couldn’t get into the country that tournament was being held in.

As Victorian political journalist Paul Sakkal explained on the No Challenges Remaining podcast: “They (Border Force officials) asked a series of questions about what documentation he had to prove that he had a Covid infection in the past six months, which doctors supported it and which other medical authorities were backing his claim.

“He only had one doctor supporting his claim and many of his documents had Tennis Australia letterhead on them. So he had very little – what you’d describe as original documentation – from practitioners around the world to substantiate his claim.”

Sakkal added: “It was unclear whether he actually had a laboratory result proving that he had Covid in the last six months.”

The 34-year-old was told to leave the country and was later taken to an infamous Melbourne hotel, where he is allowed to remain until his legal team has the opportunity to challenge the decision in court on Monday morning.

Djokovic’s trip has turned into a nightmare. Picture: Pedja Milosavljevic / AFP

‘You’re in strife’: Major ‘mistake’ behind visa drama

Understandably there was one question on everyone’s lips — how did two panels of medical experts and TA sign off on an exemption that wasn’t worth the paper it was written on, according to the standards of the ABF?

This is where the blame game comes in and it’s all got to do with communication. If federal authorities knew Djokovic’s exemption wasn’t valid, why not tell TA so it could inform him not to bother flying all the way here? On the other hand, once Djokovic’s exemption was signed off on, shouldn’t Victoria have gone to Federal Government – you know, the people who control the borders – and checked it would be sufficient?

Clearly, this didn’t happen.

As tennis journalist Ben Rothenberg said on the No Challenges Remaining podcast: “Why would these panels and Tennis Australia … do such an incomplete job of not contacting immigration authorities to see how that part of it would work?”

The exemption given by the medical panels may have been acceptable for tennis bosses to be assured it was safe and reasonable for Djokovic to play in the Australian Open, but it had no legal authority.

“The Commonwealth lets you into the country. Tennis Australia, in partnership with the state, lets you into the tournament,” Victorian Health Minister Martin Foley said at a press conference on Thursday.

“Someone issued Novak Djokovic a visa, and it wasn’t the Victorian government.”

It’s blindingly obvious mistakes have been made. On which side depends on who you ask.

Federal Finance Minister Simon Birmingham told Today on Friday: “There has clearly been a mistake in terms of what Djokovic or his team understood in terms of the entry requirements or, indeed, people have acted in misleading ways.

“The government has always been clear around what is necessary in terms of the entry requirements into Australia. We made that clear to Tennis Australia. It’s been publicly clear for a long time. You have got to be double vaccinated if you are not an Australian citizen to enter Australia when we open the borders.”

Deputy Prime Minster Barnaby Joyce was singing from the same song sheet. “Someone’s made a mistake, absolutely. One hundred per cent someone’s made a mistake,” he told the BBC.

“If he hasn’t told the truth then the person that’s made the mistake is Mr Djokovic. That’s the only person who’s made a mistake.

“If he hasn’t told the truth … well, mate, you’re in strife and you’ve got no one to blame but yourself.”

Djokovic defenders – like fellow anti-vax star Tennys Sandgren – have pointed the finger at Australian officials, accusing them of using the 20-time grand slam champion as a political football.

At first the Prime Minister said the exemption was “a matter for the Victorian government” and “we then act in accordance with that decision”. But some believe once the extent of the backlash towards the decision was realised, the Federal Government intervened to look tough and appease angry Australians — a pretty handy boost months out from an election.

Plot thickens as leaked letters reveal more to the story

As it was all blowing up that Djokovic’s visa had been cancelled and even beforehand, when his exemption had first been granted, mystery remained as to how exactly Djokovic had qualified for a medical exemption. For privacy reasons that couldn’t be made public, TA said, although Tiley did ask Djokovic to reveal why he had been successful.

It was later confirmed he was claiming to have contracted Covid-19 within the last six months – something TA said was a valid reason to apply for an exemption. However, letters from Federal Health Minister Greg Hunt to TA emerged revealing he had told the sport’s governing body in November being infected with Covid-19 in the past six months was in fact not a legitimate reason for an unvaccinated person to receive an exemption and enter Australia.

The question was thus: If TA knew Djokovic’s reasoning was flawed, why let him go through with the whole process? Then the plot thickened.

The Herald Sun exclusively reported on Friday night TA had contacted players in December with information about gaining a medical exemption. However, the governing body didn’t tell the players in these letters that contracting Covid-19 within the last six months was not a valid reason to gain an exemption.

This was despite earlier correspondence from Mr Hunt clearly explaining to TA being infected within the past six months was not a valid reason to not be vaccinated, and therefore not justification for an exemption.

In a statement TA denied misleading any players.

There was more drama on Friday when unvaccinated Czech star Renata Voracova had her visa cancelled — despite being let into the country earlier because her exemption was deemed permissible.

She was using the same reasoning to avoid vaccination as Djokovic — that she had been infected with the virus in the past six months. Initially she was given the green light and had even played an Australian Open warm-up event in Melbourne.

But as questions were asked about whether Djokovic was being treated differently and made a scapegoat because of his status, Australian authorities changed their mind and decided to send Voracova back home too.

TA sent this letter to players with information about obtaining a vaccination exemption.

Photos fuel conspiracy as explosive court documents drop

But wait, there’s more!

On Saturday night documents filed by Djokovic’s lawyers to the federal court which claimed the tennis champion tested positive to Covid on December 16 were made public.

In the same submission it was said the world No. 1 had been provided with a “medical exemption from Covid vaccination” on the grounds he had recently recovered from the virus.

However, things remained murky.

TA made clear in its letter to players that any applications for a medical exemption needed to be sent “no later than Friday 10 December 2021” — six days before Djokovic allegedly tested positive — meaning his test result would have come too late for TA’s exemption guidelines.

Of course, as a nine-time winner at Melbourne Park, it’s reasonable to expect the governing body may have gone to extra lengths to accommodate a late request from Djokovic, if this was the case.

“Mr Djokovic had received, on 30 December 2021, a letter from the Chief Medical Officer of Tennis Australia (‘Exemption Certificate’) recording that he had been provided with a ‘medical exemption from Covid vaccination’ on the ground that he had recently recovered from Covid,” the court documents read.

“The Exemption Certificate also recorded that … the date of the first positive Covid PCR test was recorded on 16 December 2021, it had now been 14 days, and Mr Djokovic had not had a fever or respiratory symptoms of Covid-19 in the last 72 hours.”

But there were photos showing a maskless Djokovic attending events in his honour on December 17. Did he not know he’d tested positive the day prior (according to court documents), or did he not care?

Team Djokovic also claimed in court documents he had received a letter from the Department of Home Affairs informing him that his Australian Travel Declaration appeared to meet the requirements for a medical exemption.

“The Declaration Assessment told Mr Djokovic that ‘(his) Australia Travel Declaration (had) been assessed’, and that ‘(his) responses indicate(d) that (he met) the requirements for a quarantine-free arrival into Australia where permitted by the jurisdiction of your arrival’, that jurisdiction being Victoria,” Djokovic’s lawyers said.

Essentially, Djokovic will argue he had been given the green light to come to Australia because he had a valid reason not to be vaccinated, but had the rug pulled out from under him.

Supporters have congregated outside the hotel where Djokovic is being held. Picture: William WEST / AFP

Did Instagram post bring Djokovic undone?

For all the finger pointing going on, Djokovic may have brought himself undone with the Instagram post announcing his exemption.

On Friday Morrison denied the Serb was “singled out” by border officials but suggested he could be to blame for bringing “significant attention” to himself through “public statements” before he arrived in Australia.

“Anyone who does that – whether they are a celebrity, a politician, a tennis player, a journalist, whoever does that – they can expect to be asked questions more than others before you,” Morrison said.

Commentators questioned why Djokovic felt the need to tell everyone he’d received an exemption. He’d been so private about his health and vaccination status for so long – why not stay quiet and slip into Australia, letting everyone assume you’d been vaccinated or just refuse to answer when quizzed?

“If Novak Djokovic hadn’t done that very, very jolly, tone-deaf post, if he had just taken that medical exemption, boarded his plane … and slipped in, would we be in this situation now? Would he be in this situation now?” tennis broadcaster Catherine Whitaker said on The Tennis Podcast.

The Telegraph’s Simon Briggs replied: “It’s definitely a possibility that he could have come through the airport, got himself established and then sat on the questions and played them with a dead bat and nobody would have known whether he’d been vaccinated, whether he’d been exempted or whatever.”

Also on The Tennis Podcast, analyst Matt Roberts added there was a feeling among some fans the Federal Government had stepped in “for political gain rather than for health reasons off the back of Djokovic’s Instagram post”.

When will we next see him on Rod Laver Arena? Picture: William West / AFP

What happens now?

So what next? Djokovic remains stranded in the Park Hotel and the next significant step in the saga will be taken tomorrow.

He’s launched a legal challenge against the Federal Government’s decision to deport him and the nine-time Australian Open champion’s lawyers will have the chance to argue his case in court from 10am Monday.

An interim injunction granted on Thursday meant Djokovic could stay in Australia until his case was heard.

Some experts believe there’s a chance the tennis star could be granted a reprieve and there’s still hope his Australian Open campaign can be kept alive.

Partner at Thomson Geer Lawyers, Justin Quill, told Today on Friday: “I suspect what’s going to happen is – and I suspect not so much because he is going to win his case, but that it is going to be found that there needs (to be) more time, and he will be allowed to stay in the country, compete in the Australian Open, and then the lawyers will argue about this in the weeks and months to follow.

“It will be a bit of an irrelevant case at that stage, but I suspect that’s probably where we are going to land with this.

“The imposition on Djokovic not being allowed to compete is arguably greater than the imposition on the Minister for Home Affairs. So, I suspect the court is going to land there and say, ‘I’m going to allow you to stay in the country while we sort this out over the following weeks and months’.”