Government loses bid to delay Novak Djokovic's court appeal as questions swirl about his recent, mask-less appearances
Lawyers for the Department of Home Affairs have lost a bid to delay the timing of the court case involving world number one tennis player Novak Djokovic.
Mr Djokovic is seeking to overturn the department's decision to quash his visa because he had not received a COVID-19 vaccination.
Home Affairs' lawyers applied to the Federal Circuit Court to move the case from tomorrow to Wednesday but Judge Anthony Kelly dismissed the application.
The move comes after the tennis player's lawyers filed court documents last night as part of his bid to stay in the country and compete in the Australian Open.
Upon arriving at Melbourne's Tullamarine Airport on Wednesday night, Mr Djokovic was detained and questioned by the ABF, whose officers determined he did not meet the entry requirements for an unvaccinated traveller and subsequently cancelled his visa.
Australia's elected representatives are relishing the chance to punch down on the world number one, writes Jack Snape.
Mr Djokovic has since been confined at Melbourne's Park Hotel as his lawyers await a response from the federal government, which is expected to be lodged on Sunday.
According to the lawyers' submission, Mr Djokovic was granted a visa on November 18 and received an exemption certificate from Tennis Australia's chief medical officer on December 30.
It also stated he received a follow-up letter from the Department of Home Affairs, indicating "he met the requirement for quarantine-free arrival into Australia where permitted by the jurisdiction of [his] arrival."
Key to his medical exemption — and the subsequent legal battle — was his COVID-19 infection on December 16.
Tennis Australia said it never knowingly misled players and that it had urged players to be vaccinated.
Its comments came after newspapers published one of its documents, which advised players on ways to enter the country with a medical exemption from vaccination.
"We reject, completely, that the playing group was knowingly misled," Tennis Australia said in a statement.
Tennis Australia's advice was based on the contents of a federal government website, to which it had been referred by the federal Health Minister, the statement added.
Mr Djokovic's 35-page legal submission argued that a COVID-19 infection within the past six months was a medical contraindication — meaning vaccination was not recommended under that circumstance — and that this was based on guidelines set by the Australian Technical Advisory Group on Immunisation.
"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," Mr Djokovic said in his submission.
Mr Djokovic's statement said he had expressed "shock, surprise" and "confusion" when he was held overnight and that he was "pressured" by ABF officials to be interviewed before contacting lawyers and Tennis Australia, due to the time.
The drama has caused diplomatic tensions between Serbia and Australia and has become a flashpoint for opponents of vaccine mandates.
Mr Djokovic's December COVID-19 infection also ignited controversy on social media over appearances that he had made at public, indoor events without wearing a mask around the time of his positive PCR test.
It is, however, unclear if Mr Djokovic was aware that his test results were positive before appearing at these events.
ABC/wires
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