Djokovic a victim of Australia’s complicated, confusing entry rules

Rules are rules but can someone explain them in simple terms?

When Novak Djokovic travelled to Melbourne from his training camp in Spain, via the Middle East, he required at least four different approvals from the Australian authorities.

The one that appears to be the problem, his medical clearance, is clear as mud.

Even with all of the approved paperwork in hand, airline staff regularly ring Australia to check the status of foreign travellers, because it is so novel to have non-Australians able to enter the country.

Australians who have not travelled recently may be shocked at the lengthy and detailed information – all requiring extensive documentary evidence uploaded at least two weeks ahead – that is demanded for entry.

Having recently gone through the process for myself – a vaccinated Australian citizen – and for some family – a vaccinated foreign national with a working visa – the process is stressful, long and, at times utterly, confusing.

To get on the Emirates plane, Djokovic would have had to have a ute-load of documents.

First he would have obtained a visa.

An anti-vax protester holds placards at a government detention centre where Serbia's tennis champion Novak Djokovic is reported to be staying in Melbourne. Picture: AFP)

Then he needed to apply to the Border Force commissioner for an exemption to enter.

Many of the same documents required for the visa are required by the Border Force.

Djokovic said he had the exemption, and it is clear he would not have been allowed to travel without it.

The Border Force commissioner has the power to grant exemptions, including to non-vaccinated people. One example on the Border Force website is for some unvaccinated holders of a prospective marriage visa.

It also says: “Individual exemptions can be requested by travellers who are not holders of an eligible visa or who are unvaccinated, holding any visa type.

‘’You may be considered for an individual travel exemption by the Commissioner of the Australian Border Force or decision makers if you are: a foreign national whose entry into Australia would be in the national interest, supported by the Australian Government or a state or territory government authority.”

But upon a deeper dive into the rules, it also says that “Please note: proof that you cannot be vaccinated for medical reasons is separate to a Commissioner’s travel exemption.”

So even with an exemption in hand, Djokovic is then required to address the unvaccinated medical reasons, which is, according to the Australian government advice to travellers is the “need to show airline staff a medical certificate. This must state you are unable to be vaccinated with a Covid-19 vaccine due to a medical condition.”

Djokovic had already presented his medical evidence to two boards set up by Tennis Australia and the Victorian government specifically addressing matters at a state level.

Victoria is in charge of whether or not unvaccinated arrivals in its state undergo quarantine in a hotel, and it appears that Djokovic’s state-given medical clearance was to allow him to train and compete in the Australian Open without onerous quarantine.

Then three days before travelling, Djokovic had to complete an Australian Travel Declaration, which is another lengthy document.

One section requires specific information about vaccinations, including the date of injection and the type of vaccine received. There is a box to check if unvaccinated.

Novak Djokovic in action. He’s still trying to deal with complications as he seeks to play in this year’s Australian Open. Picture: AFP

If Djokovic had satisfied the requirements, he would have received an email from the government with a big green tick, saying, “Your responses indicate that you meet the requirements for a quarantine-free arrival into Australia where permitted by the jurisdiction of your arrival.”

This green tick is needed by airlines to allow entry onto the aircraft.

The problem arises at the other end of the journey.

Home Affairs Minister Karen Andrews says: “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.

“Australian Border Force will continue to ensure that those who arrive at our border comply with our strict border requirements.”

Australians who are unvaccinated are able to travel into Australia, but are then subject to the various state rules on quarantine. This at the moment, is usually two weeks in a hotel.

However for foreigners, as Djokovic has discovered, the situation is very different.

He would have been expecting the Victorian government to have waived the hotel quarantine because of the two boards’ analysis of his medical evidence (which was assessed blind) but the sticking point appears to be that the Border Force is dissatisfied with that same medical evidence Victoria and Tennis Australia have accepted.

It is wrong to suggest that Djokovic came to Australia expecting special treatment, having believed he had the paperwork in order. But what he and other foreigners expect is clarity around Australia’s entry requirements, and certainly for any unseemly mess to be handled well before getting on a plane.