‘That’s not true’: Interview moment that stunned Novak Djokovic

Novak Djokovic was stunned when Australian Border Force officials told him they were cancelling his visa — and here’s why.

Novak Djokovic was shocked during his interview. Photo: Michael Klein.

The transcript of Novak Djokovic’s interview with Australian Border Force officials at Melbourne’s Tullamarine airport has revealed his shock in the moment he learnt his visa was in danger of being cancelled.

The Federal Circuit Court quashed the decision to cancel the tennis star’s visa and he will be freed from immigration detention.

On Monday afternoon, Judge Anthony Kelly read out a minute agreed to by both Djokovic and the government, which ordered the government to pay Djokovic’s costs and release him from detention within 30 minutes.

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However, government lawyer Christopher Tran flagged the Immigration Minister could consider whether to exercise “the personal power of cancellation”. This could mean Djokovic would be unable to return to Australia for three years.

Monday’s hearing took place because Djokovic challenged the decision to cancel his visa, after he was deemed to have “insufficient” evidence proving he was justified in possessing a medical exemption to enter Australia without a Covid-19 vaccination.

The Serbian claimed he had been infected with the virus in December and it was believed by both himself and Tennis Australia that contracting Covid within the past six months was an acceptable reason to be exempt from receiving a vaccine.

However, this sparked widespread confusion and ultimately led to the court hearing, which fell in Djokovic’s favour.

Novak shocked by visa cancellation

A transcript of the world No. 1’s interview with Border Force officials after being detained in Melbourne was released shortly after Judge Kelly delivered his verdict, where he noted the “rules were not observed” when the delegate made the decision at the airport to cancel Djokovic’s visa.

The transcript reveals Djokovic complying with officials and explaining to them he had provided all the necessary documents to ensure he was able to enter the country with a medical exemption.

The interview was suspended at 12.52am on Thursday morning and when it resumed again at 3.55am, Djokovic was told of a notice of intent to cancel his visa.

The 20-time major winner was in shock as he was informed he would only have 20 minutes to provide more reasons or documents to convince the ABF not to cancel his visa.

“I don’t understand, you’re cancelling my visa?” Djokovic said.

“I mean, I am really failing to understand what else do you want me to provide to you. I have provided all the documents that Tennis Australia and Victorian government has asked me to do in the last three/four weeks, this is what we have been doing. My agent and I have been in a constant communication … with Tennis Australia and Victorian state government, the medical panel.

“Whatever they asked us to do — this is their set of rules that they have provided … so they have allowed to have the medical exemption for the Covid vaccination. I applied, they approved, I just really don’t know what else do you want me to say.

“I have nothing else – I arrived here because of these documents otherwise I wouldn’t have been allowed to come in. I just really don’t understand what is the reason you don’t allow me to enter your country.

“I have been waiting four hours and I still fail to, to understand what’s the main reason – like – lack of what papers? Lack of what information do you need?”

Djokovic was in shock when he learnt his visa was being cancelled.

He couldn’t believe it when told he was only getting 20 minutes to prove his case.

At this stage Djokovic was once again reminded of a 20-minute timeframe to try and provide more information that could change the result of his visa cancellation.

“So you’re giving me legally 20 minutes to try to provide additional information that I don’t have? At 4 o’clock in the morning?” Djokovic asked.

“I mean you kind of put me in a very awkward position where at four in the morning I can’t call the director of Tennis Australia, I can’t engage with anybody from the Victorian state government through Tennis Australia. You put me in a very uncomfortable position.

“I don’t know what else can I tell you. I mean … everything that they … I was asked to do is here.

“And I wouldn’t be here sitting in front of you ... if I wasn’t complying to all the rules and regulations set by your government. So I just, I don’t know … to me it is a little bit shocking … that you are going to give me the notice to cancel my visa based on what?

“You know, basically you’re putting me in a position where what I can do, what is my answer to that? You’re giving me 20 minutes to do what? I I tell you right away I have nothing else to tell you. If you can, we wait for eight in the morning and then I can call Tennis Australia and then we can try and figure this out. But right now? They’re all sleepy, I don’t know. I mean I just arrived at 1am, I don’t know what else I can do at this moment.

“I know legally you’re following — but it just doesn’t make any sense. I mean I have

done everything I possibly can. Right now I can call my agent. You … you told me not to use my phone, so I’m not communicating with anybody, no one knows what’s going on.

“We did everything we possibly can and just I really don’t know what else I can tell you in this 20 minutes.

“You’ve been giving me very vague answers, or literally no answers at all, for the last four hours. I mean I have been here with, three times, we suspended the interview, we recommencing, and now you are coming back with the consideration to cancel my visa.

“The intention to consider to cancel, which I don’t really understand what it means.”

He lives to fight another day. Clive Brunskill/Getty Images).

‘That’s not true’: Djoker’s defiant response

Again Djokovic questioned if he really on had 20 minutes before a final decision was made.

His interviewer responded: “Yep so this is the process we follow, it’s a legal process which we have to follow. All the information regarding why we are considering cancelling

your (visa).”

The ABF official then read out to Djokovic the notice of intention to cancel his visa.

“Travellers may make a declaration that they have a medical contraindication and must provide evidence of that medical contraindication provided by their medical practitioner,” the official said.

“Previous infection with Covid-19 is not considered a medical contraindication for Covid-19 vaccination in Australia.”

Highlighting the confusion around whether contracting Covid-19 in the past six months is a valid reason not to be vaccinated and receive a medical exemption to enter Australia. Djokovic replied: “Sorry to interrupt but that’s not true. I mean this is … this is what we … this is what the independent medical panel of Victorian state government has stated explicitly that if you have recovered or if you had the positive test of coronavirus and negative test of coronavirus in the last six months and you have a sufficient amount of antibodies, you’re considered to be part of the process of getting a medical exemption. That’s how I got it.

“I mean I communicated directly with the Victorian state government — that’s absolutely

not true. I, we directly communicated with them and they asked me to, I actually had to come back with antibodies, so that’s what this is, these are the tests that we provided to them. And we have emailed that test to, I provided it to you, you’ve read it, it’s directly from the Victorian state government independent medical panel.

“It’s not only Tennis Australia, it’s Tennis Australia, medical panel and independent Victorian state medical panel. Sorry it’s two - not only Tennis Australia, so it’s your state’s medical panel that has approved that where I am at the moment.”

Djokovic said after all the hoops he had jumped through he had also received a “travel declaration” from the federal government, adding: “What you’ve been reading to me right now, is absolutely not accurate.”

The ABF official then read from a section of the 2015 Biosecurity Act, telling Djokovic “the information you have provided does not show a medical contraindication to Covid-19 vaccines or evidence of that provided by a medical practitioner”.

This appeared to reference the point made by the ABF when it cancelled Djokovic’s visa, that he did not possess sufficient evidence to prove he was worthy of a vaccination exemption.

Djokovic replied: “Thank you for that but as I told you … I really don’t understand how come in your system you don’t have the information that if you have encountered Covid and been positive on Covid in the last six months and have the sufficient amount of antibodies and a negative test which I all provided, you are granted to access the country.

“I am really confused — because this is what I have been getting from official Tennis Australia and Victorian government medical panels for the last three weeks and four weeks.

“I don’t know really what to do at 4am.

“Obviously everyone is sleeping but this is the only thing I can do right now, because I really don’t have anything else to provide to you in terms of the paperwork.

“What you’ve read to me is simply not something that has been communicated to me, so I really am a little bit surprised that I am in this situation because how am I supposed to even come to Australia if I didn’t have these documents that are official documents.

“I’m in your system so I’m sure that you have attested that or I’m sure that you have confirmed that I’m in the system that I have been approved to have the medical exemption.

“My question is how come you don’t have in the system the Covid six months regulation for the medical exemption?”

Djokovic’s supporters were thrilled with the decision. (Photo by Recep Sakar/Anadolu Agency via Getty Images)

It’s all a matter of timing

Djokovic repeatedly referenced the Victorian government in his interview, but he was told the federal government “controls the ports”.

Because it was so early in the morning, Djokovic suggested he would be unable to contact anyone from Tennis Australia to help clarify the situation. He said he would be better able to make contact at 7.30am or 8am.

The interview was suspended at 4.23am then recommenced at 4.32am, before again being suspended at 4.33am.

It recommenced once more at 5.20am and the ABF official told Djokovic it was “absolutely fine” for him to rest and contact someone later in the morning at around 8.30am.

However, the interview was picked back up again at 6.07am and Djokovic asked again if he could have until 8.30am to sort out his situation. However, he was told “if you don’t respond then a decision might be made based on the information that’s at hand now”.

The interview was suspended at 6.14am and restarted at 7.39am, when Djokovic was informed the ABF was going through with the decision to cancel his visa and he would be detained.

Judge Kelly said if Djokovic was given until 8.30am he could have contacted others to talk about the decision.