Serious doubts cast over key Novak Djokovic letter regarding quarantine-free travel

A letter Novak Djokovic’s lawyers claim cleared him for quarantine-free travel was self-generated and provided no iron-clad guarantee of his entry into the country.

A letter Novak Djokovic’s lawyers claim cleared him for quarantine-free travel was self-generated on an Australian government travelling app, providing no iron-clad guarantee of his entry into the country.

New information has cast doubt on Federal Circuit Court documents submitted by legal representation for the Serbian tennis star, which said he had received the correspondence from the Department of Home Affairs on January 1, giving him the green light to enter Australia.

But The Australian understands the ostensible letter is based on data provided by the traveller to the Australian Travel Declaration app, providing a preliminary indication of the traveller’s eligibility to enter the country.

It does not validate whether the passenger has a valid visa, travel exemption or provides approvals for entry into Australia.

Crucially, as spelt out in the information for ATD in the App Store: “The successful submission of your declaration does not guarantee entry into Australia”.

Novak Djokovic’s hearing will take place on Monday. Picture: AFP Images

The letter received by Djokovic stated his Australia Travel Declaration had been assessed and his responses “indicated that he met the requirements for a quarantine-free arrival into Australia where permitted by the jurisdiction of arrival”.

Djokovic received a visa to enter Australia on November 18, before receiving an exemption certificate from Tennis Australia’s chief medical officer, court documents reveal. The document noted the world number one had tested positive on December 16, confirmed by a PCR test.

After touching down at Tullamarine Airport late on January 5, Djokovic was held by Australian Border Force officials for almost 12-hours, and was told contracting the virus was not considered a medical contraindication for vaccination in Australia.

According to a transcript provided in court documents, Djokovic rejected the position of Australian authorities.

“I explained that I had been recently infected with Covid in December 2021 and on this basis I was entitled to a medical exemption in accordance with Australian Government rules and guidance,” he said.

Djokovic’s lawyers will challenge the ruling in a court case on Monday.

Djokovic claims he was told by Australia’s Department of Home Affairs that he had met the requirements for quarantine-free entry as an unvaccinated traveller. In the submission presented to the Court late on Saturday, it revealed Djokovic tested positive to Covid on December 16 via a PCR test at the Institute of Public Health of Serbia.

Novak Djokovic after winning last year’s Open. Picture: AFP Images

However, in photos posted on his own Instagram account on December 17, Djokovic attended a Serbia Post ceremony where he shook hands and walked mask-free with guests upon presentation of a postage stamp in his honour.

It is unclear if Djokovic had received his positive diagnosis at the time of the photos, or if he was still awaiting his results, however the fact he is freely socialising with the public having known he’d taken a PCR test is further proof of his disregard for the seriousness of the virus or the impact it could have on other peoples’ health.

Detailed timeline of Djokovic Covid saga

Nov 18 - Djokovic granted a Temporary Activity Visa by Federal Government

Dec 7 - Tennis Australia email players confirming a positive COVID test within last six months is grounds for a vaccination exemption.

Dec 10 - Tennis Australia deadline for players to apply for vaccination exemptions.

Dec 16 - Djokovic tests positive to COVID via a PCR test at the Institute of Public Health of Serbia.

Dec 17 - Djokovic posts on Instagram a photo where he is presented with a stamp by the Serbian Post. He is shaking hands and walking around mask-free.

Dec 30 - Chief Medical Officer of Tennis Australia confirms Djokovic has received a "Medical Exemption from COVID Vaccination" after being assessed by ATAGI

Jan 1 - Department of Home affairs issue Djokovic with a Australia Travel Declaration assessment that said "[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.

Jan 4 - Djokovic posts an Instagram photo from the airport declaring he was on his way to Australia: "I'm heading Down Under with an exemption permission."

Jan 6,  12.12am-12.52am - Djokovic interviewed with Border Force officials at Melbourne airport

Jan 6, 3:55am - Djokovic informed he would be issued with a Notice

Jan 6, 4:11am - Djokovic issued with a notice. The Delegate informed Mr Djokovic that Mr Djokovic would be given 20 minutes to give any further explanation Djokovic asked the Delegate to wait until about 08:00 so that he could call Tennis Australia to try to “figure this out”. After a further exchange, Djokovic again asked to have more time to acquire information from his agent. The Delegate said that would “speak to [his] bosses”.

Jan 6, 5:20am - The Delegate confirmed that Mr Djokovic has asked for more time to rest and to “talk to [his] solicitor again,” and that he had asked for a period to 08:00 or 08:30 am. The Delegate said, “[s]o that’s absolutely fine, I have spoken with my supervisors and they’re more than happy to allow you have to rest”.

Jan 6, 5:22am -  The interview was suspended at 05:22 am, and Mr Djokovic was taken out of the interview room.

Jan 6, 6:07am - While Mr Djokovic was waiting on a sofa outside the interview room for a bed to be prepared, he was approached by two of the Delegate’s supervisors. They asked whether Mr Djokovic wanted until 8:30 in order to rest. 

Jan 6, time not known - Not long after, and well before 8:30 am (in fact probably at around 6:00 am), the Delegate and his superiors both woke Mr Djokovic. There was then another exchange in which Mr Djokovic expressed a desire to wait until 08:30, whereas one of the supervisors pressured him to agree to a decision being made immediately. For example, Mr Djokovic said that he wanted to postpone until 08:30; the supervisor said that Mr Djokovic had already said he had nothing further to add. Mr Djokovic said that he might have something in a few hours (i.e., after he’d spoken with his lawyers) Over several pages of transcript the supervisor pressured Mr Djokovic to simply continue the interview immediately. Mr Djokovic, having formed the view that “[they were] going to cancel [his] visa, it’s obvious” relented, feeling he had no choice, and on the basis of an understanding based on what they had said to him that it was better for him if the interview was done right away.

Jan 6, 6:14am - The interview was suspended.

Jan 6, about 07:29 am - The Delegate made the Purported Decision.

Jan 6, 7:39am - The Delegate returned to the interview room, and at about 07:42, Mr Djokovic was notified of the Purported Decision.

SPECIAL TREATMENT? HOLES EXPOSED IN DJOKOVIC TIMELINE

Todd Balym and Emily Benammar

Shocking details have emerged of Novak Djokovic’s night of torment when he was taken into custody by Australian Border Force officers amid allegations he was pressured into accepting a notice before he could contact his legal team or Tennis Australia officials.

It can also be revealed Djokovic tested positive for Covid on December 16 via a PCR test at the Institute of Public Health of Serbia.

However, a leaked email obtained by News Corp, said athletes had until December 10 to lodge their applications with Tennis Australia so they could be assessed exemption.

The timeline suggests Djokovic given preferential treatment in order to gain his exemption.

In a stunning timeline of Djokovic’s arrival to Melbourne on January 6, the world No. 1 tennis player was subjected to questioning over a period of six hours before he was finally afforded the opportunity to sleep.

In documents lodged with the Federal Court, Djokovic’s legal team claim he was woken from his sleep by two supervisors who were pressuring him into accepting their decision to revoke his Visa before he could talk to his legal team or Tennis Australia officials.

Djokovic had requested to wait until he could call someone at Tennis Australia after 8am, which officers initially agreed to, but by 7.42am he was notified of the Purported Decision.

“Over several pages of transcript the supervisor pressured Mr Djokovic to simply continue the interview immediately,” the lawyers wrote in their submission.

Novak Djokovic has been detained after entering Australia.

Novak Djokovic smiles with tournament director Craig Tiley.

“Mr Djokovic, having formed the view that “[they were] going to cancel [his] visa, it’s obvious” relented, feeling he had no choice, and on the basis of an understanding based on what they had said to him that it was better for him if the interview was done right away.

“When one talks in terms of procedural fairness or natural justice, the concern of the law is to avoid practical injustice.

“Within statutory constraints, the Delegate was required to adopt a procedure that was reasonable in the circumstances to afford an opportunity to be heard to Mr Djokovic.

“If the procedure adopted so constrained Mr Djokovic’s opportunity to propound his case as to amount to practical injustice, that would amount to a denial of procedural fairness.

“In an analogous way, Mr Djokovic sought until 08:30 to rest and to speak with his advisers. The Delegate represented to Mr Djokovic that he could have that time. There was no cogent reason for the Delegate to depart from that representation — there was no prejudice to the Respondent in delay for a further few hours, Mr Djokovic’s request was reasonable and based on cogent reasons, and the consequences of a possible cancellation decision were very serious. Yet the Delegate did depart from that representation.”

Novak Djokovic claims he tested positive to covid via PCR test on Dec 16. The next day he was shaking hands accepting his own stamp. Shows you what he thinks of covid… pic.twitter.com/OwrbL6mHLp

— Todd Balym (@balymt) January 8, 2022

In the submission presented to the Court late on Saturday, it revealed Djokovic tested positive to Covid on December 16 via a PCR test at the Institute of Public Health of Serbia.

However, in photos posted on his own Instagram account on December 17, Djokovic showed his flagrant disregard for the seriousness of his Covid diagnosis when the very next day he attended a Serbia Post ceremony where he shook hands and walked mask-free with guests upon presentation of a postage stamp in his honour.

Djokovic had received an email from Tennis Australia on December 7 which outlined the standards required to attain a medical exemption for entry to Victoria to compete at the Australian Open.

The leaked email, obtained by News Corp, said athletes had until December 10 to lodge their applications with Tennis Australia so they could be assessed by an independent panel.

The fact Djokovic only contracted Covid six days after the application deadline set suggests the world No. 1 was given preferential treatment in order to gain his exemption by allowing him to make an application well after the deadline had passed.

Djokovic received his confirmation from the Tennis Australia chief medical officer of an approved “Medical Exemption from Covid Vaccination” on December 30 and notification from the Department of Home Affairs on January 1 that he had “met the requirements for a quarantine-free arrival into Australia.”

How Djokovic went from full clearance to travel to Australia to detainee being holed up in a hotel with refugees will come down to a debate in the Federal Court in Melbourne on Monday.

A hearing set to be seen around the world with a live stream freely accessible for anyone to log in and watch Judge Judy style.

Djokovic had repeatedly claimed his medical exemption had been legitimately granted.

Originally published as Serious doubts cast over key Novak Djokovic letter regarding quarantine-free travel