Novak Djokovic court documents confirmed he tested positive for Covid in December
Court documents reveal Novak Djokovic tested positive to Covid just a few weeks ago, allowing him to be granted an vaccine exemption.
Court documents have revealed Novak Djokovic tested positive to Covid-19 in mid-December, just over two weeks before he travelled to Australia.
“The date of the first positive Covid PCR test was recorded on 16 December 2021,” Djokovic’s lawyers said in a filing to the federal court seeking to overturn the cancellation of his Australian entry visa.
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The court documents state the world No. 1 had been provided with a “medical exemption from Covid vaccination” on the grounds he had recently recovered from Covid.
Djokovic’s fate now lies in the courts, where his legal team will argue his case on Monday.
Prime Minister Scott Morrison and the Australian Border Force said Djokovic did not provide sufficient evidence to justify his vaccination exemption and he is now stuck in a Melbourne immigration hotel awaiting an outcome.
Djokovic had been relying on a Tennis Australia (TA) exemption certificate issued under the guidance players did not need to be vaccinated against Covid-19 if they could confirm they tested positive within the past six months.
“The following has now been clarified as a category for which you may be eligible for a temporary medical exemption: Recent PCR-confirmed SARS-CoV-2 infection (after 31 July 2021) where a vaccination can be deferred until six months after the infection,” TA said in a letter to players and their teams.
Djokovic missed exemption cut-off by six days
The same document also made it clear that any applications for a medical exemption needed to be sent “no later than Friday 10 December 2021” — six days before Djokovic tested positive — meaning a positive Covid test would have come too late for TA’s exemption guidelines.
The Serbian famously tested positive for Covid during his Adria Tour in June 2020, but documents filed to the Federal Circuit and Family Court on Saturday reveal Djokovic was infected for a second time on December 16, 2021.
Djokovic received a commemorative stamp in his honour at an event hosted by the Serbian National Postal Service on December 16, sharing photos of the event to social media the next day.
An honor to receive my very own Serbian stamp. Thank you to my generous country for this rare gift! I’m humbled!! Excited to share we’ll partner with the Serbian National Postal Service on @novakfoundation projects for every child to have the opportunity to attend preschool ðŸ™ðŸ¼ pic.twitter.com/Ww8Zma95NU
— Novak Djokovic (@DjokerNole) December 17, 2021
He also attended an award ceremony at the Novak Tennis Centre in Belgrade on December 17 — the day after his positive PCR Test.
Djokovic posed for photos with children indoors without wearing a mask.
Australian government gave Djokovic the all clear
This latest development suggests had he not tested positive, Djokovic would have missed the Australian Open unless he was fully vaccinated or had another valid reason for obtaining an exemption.
“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 document reads.
“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.”
The documents also reveal Djokovic had received a letter from the Department of Home Affairs informing him that his Australian Travel Declaration appeared to meet the requirements.
“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,” the documents read.
“Understandably, given that he:
“(1) held a visa unqualified by any relevant condition;
“(2) had received certification of a medical exemption from vaccination from the Tournament organiser, that certification being granted after review by a panel established by the Victorian State Government;
“(3) had received from the Department of Home Affairs a document informing him that he met the requirements for quarantine-free arrival,
“Mr Djokovic understood that he was entitled to enter Australia and Victoria and to compete in the Australian Tennis Open.”
Tennis Australia responds to controversy
TA is under scrutiny after The Herald Sun revealed the governing body told unvaccinated players they were eligible to enter the country for the Australian Open with an exemption if they had caught Covid within the last six months.
That is despite the Federal Government informing Tennis Australia prior infections were not covered in its guidelines for medical exemptions. Letters from Federal Health Minister Greg Hunt sent to TA in November allegedly show the governing body was aware of this caveat before giving players advice.
TA boss and Australian Open tournament director Craig Tiley addressed the Djokovic controversy in a leaked video sent to staff members.
“Unfortunately over the last couple of days, there’s been a circumstance that relates to a couple of players, Novak particularly, and (we are) in a situation that is very difficult,” Tiley said.
“There’s a lot of finger pointing going on and a lot of blaming going on, but I can assure you our team has done an unbelievable job and have done everything they possibly could according to all the instructions that they have been provided.”
Djokovic sent a message to his supporters as he waits to see whether he is successful in overturning the federal government’s decision to deport him.
“Thank you to people around the world for your continuous support. I can feel it and it is greatly appreciated,” he wrote on Instagram.
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