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09th Jan 2022

Novak Djoković was not told his ‘medical exemption’ would allow him to enter Australia

Daniel Brown

The government have dismissed Djokovic’s claims

Novak Djokovic was not told by the Australian government that his “so-called medical exemption” would allow him to enter the country to compete in the Australian Open, court documents claim.

On Sunday (8 January), the government filed 13 pages of documents ahead of the Serbian’s hearing on Monday, when it will be decided whether the world number one will be allowed to remain in the country or be deported.

The government submission also challenged Djokovic’s claim that he had Covid-19 at the end of last year, saying: “There is no suggestion that the applicant had ‘acute major medical illness’ in December 2021.

“All he has said is that he tested positive for COVID-19.”

The 34-year-old’s hearing is scheduled to start at 10am local time on Monday morning, with a request from the Home Affairs department to delay it to Wednesday rejected.

Djokovic’s representatives claimed that he was given a medical exemption after testing positive for Covid-19 on December 16.

His legal team stated that they received an assessment from the Department of Home Affairs that his responses on his Australia Traveller Declaration showed that he met the requirements for quarantine-free entry into Australia.

However, the government have dismissed such claims, saying: “It had not represented to the applicant that his so-called ‘medical exemption’ would be accepted.”

It suggested “that says nothing about the power of the minister (or her delegate) to interrogate those responses, the evidence upon which they were based, and conclude that a cancellation power was enlivened under the Act upon his arrival into Australia”.

The tennis star is currently being detained at an immigration centre before a court hearing to decide whether he can stay in the country or not.

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