Novak Djokovic was granted medical exemption after testing positive for Covid-19 in December, court documents show

The growth comes because the tennis World No. 1 is confined to a short lived detention facility in Melbourne as he mounts a determined authorized problem towards the cancellation of his visa forward of the event.

“Mr Djokovic had received, on 30 December 2021, a letter from the Chief Medical Officer of Tennis Australia recording that he had been provided with a ‘Medical exemption from COVID vaccination’ on the grounds that he had recently recovered from COVID,” the doc mentioned.

Djokovic’s first Covid-positive PCR take a look at was recorded on December 16, 2021, and after not displaying indicators of a fever or “respiratory symptoms” he later utilized for a medical exemption to compete in the Australian Open, in keeping with the court submitting.

In a letter dated December 7, which was leaked to journalists Friday and can’t be independently verified by CNN, it seems event organizers wrongly knowledgeable unvaccinated gamers they might enter Australia to participate in the grand slam.

The letter advises {that a} confirmed Covid-19 an infection in the final six months together with an accompanying letter from a health care provider or public well being authority could be thought-about as legitimate documentation for a medical exemption. Players had been urged to submit their purposes no later than December 10, the doc states.

The steerage seems to contradict recommendation in a broadly reported letter despatched by Australia’s Health Minister Greg Hunt to event director Craig Tiley in November stressing {that a} Covid-19 an infection in the previous six months didn’t meet the necessities for quarantine-free entry.

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Saturday’s printed court documents, which have been submitted to the court forward of Djokovic’s listening to Monday, confirmed the 34-year-old — who has beforehand voiced opposition to Covid-19 vaccines and vaccines mandates — was unvaccinated when he arrived in Australia on January 5.

After being questioned by the Australian Border Force, the submission states that Djokovic’s exemption was decided to be invalid below Australia’s BioSecurity Act as a result of his “previous infection with COVID-19 is not considered a medical contraindication for Covid-19 vaccination in Australia.”

A “medical contraindication” is granted in particular conditions the place a drug, process, vaccine, or surgical procedure shouldn’t be used as a result of it might be dangerous to an individual’s well being.

Djokovic’s visa was then canceled on January 6 at 4:11 am native time, below Section 116(1)(e) of the Migration Act, which “allows for the cancellation of a visa where the holder poses a risk to the health, safety or good order of the Australian community, or to an individual within the Australian community.”

Djokovic’s attorneys argued in the submission that the nine-time Australian Open champion had each purpose to imagine he could be granted entry into the nation as he “held a visa unqualified by any relevant condition … had received certification of a medical exemption from vaccination from the tournament organizer … and had received from the Department of Home Affairs a document informing him that he met the requirements for quarantine-free arrival.”

READ: Nick Kyrgios criticizes ‘actually unhealthy’ remedy of Novak Djokovic amid visa row

The “document from the Department of Home Affairs” referenced by Djokovic’s attorneys considerations the Australian Travel Declaration (ATD) kind, which should be crammed in by all passengers arriving in the nation a minimum of 72 hours earlier than departure.

According to the Australian Technical Advisory Group on Immunisation’s Expanded Guidance on non permanent medical exemptions for Covid-19 vaccines, an exemption may be granted for visa holders in some circumstances involving a “PCR-confirmed SARS-CoV-2 infection, where vaccination can be deferred until 6 months after the infection.”

However, Prime Minister Scott Morrison informed reporters Thursday that Tennis Australia was suggested in a letter way back to November 2021 that unvaccinated gamers with a latest Covid-19 an infection wouldn’t be allowed to enter the nation.

Speaking at a information convention on Thursday, Morrison mentioned the 34-year-old “didn’t have a valid medical exemption” to keep away from the vaccination requirement for arrivals into the nation.

Djokovic’s authorized staff sought an pressing injunction towards the Australian Border Forces’ determination to revoke his visa. The nation’s Federal Circuit Court has adjourned the choice till Monday on whether or not he shall be allowed to stay in Australia or be deported.

Photos show Djokovic unmasked at occasions on the day documents show he examined positive

Multiple photographs posted by the Novak Foundation’s official social media accounts show Djokovic, who wasn’t carrying a masks, collaborating in a panel dialogue in entrance of an viewers.

The photographs are dated December 16, which is similar date Australian court documents show he examined positive for Covid-19. None of the opposite contributors had been carrying masks.

On December 17, the Belgrade Tennis Association’s Facebook web page posted numerous images of Djokovic posing with a gaggle of younger individuals at a tennis awards ceremony. One photograph reveals a minimum of 26 largely younger individuals posing with him. Local Serbian media broadly reported that Djokovic participated in the youth awards occasion.

On the identical day, Djokovic posted {a photograph} of himself with a plaque on his official Instagram account.

The caption reads: “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 🙏🏼. Gratitude for everyone that brought this together. Now @jelenadjokovicndf and I will take some stamps home for the kids to write to Santa.”

It is unclear if Djokovic was conscious of his take a look at outcomes earlier than showing at any of those occasions. CNN has reached out to Djokovic’s representatives for remark.

Plenty of fellow gamers have lent their help to Djokovic whereas the visa saga stays ongoing, together with Australia’s Nick Kyrgios and the USA’s John Isner.

In his native Serbia, in the meantime, the Djokovic household staged a protest in entrance of the nation’s National Assembly in Belgrade earlier this week. Djokovic’s father, Srdan, mentioned authorities had been holding his son as a “captive” — a declare Australia’s residence affairs minister Karen Andrews denied.

“He is free to leave at any time that he chooses to do so, and Border Force will actually facilitate that,” Andrews informed ABC on Friday.

“It is the individual traveler’s responsibility to make sure that they have in place all the necessary documentation that is needed to enter Australia.”

CNN’s Niamh Kennedy, George Ramsay and Jennifer Hauser contributed to this report.

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