Novak Djokovic – game, set, match?

As Australia and the world woke to the news that the world’s No. 1 ranked men’s tennis player had been denied entry to Australia, many were left scratching their heads wondering what possibly went wrong.

What do we know?

We know that Djokovic boarded a flight to Australia and that he therefore held a valid visa. We also know that as of 15 December 2021 fully vaccinated eligible visa holders no longer need to obtain a travel exemption to enter Australia. However, given Djokovic was unvaccinated he may have simply overlooked the asterisk on the Department of Home Affairs website: # If you hold an eligible visa and are not fully vaccinated you must apply for and be granted an individual travel exemption”.[1] There is an additional exemption that allows “travellers with acceptable proof they cannot be vaccinated for medical reasons, to access the same travel arrangements as fully vaccinated travellers”.[2]

Tennis Australia grants exemption

The confusion may have arisen from the exemption that Djokovic received from Tennis Australia that was granted by an independent panel appointed by the Victorian Department of Health, as reported by the Guardian.[3] The criteria for granting the exemption by the Tennis Australia panel, are the criteria required by the Australian Technical Advisory Group in Immunisation (ATAGI). However, despite Djokovic holding the Tennis Australia exemption (which was merely to permit him to play in the Australian Open), he was still required to obtain a travel exemption to enter Australia or demonstrate that he could not be vaccinated for a medical reason. The travel exemption is granted by the Australian Border Force and is normally applied for online prior to entering Australia whilst relying on an exemption from vaccination is to be produced at the border (on arrival). As the drama unfolded the Victorian Government was drawn further into this entanglement when it was asked, presumably by the Australian Border Force, to support Djokovic’s exemption request given that an exemption can be granted to an unvaccinated visa holder where ‘’a foreign national whose entry into Australia would be in the national interest, supported by a state or territory government authority”. [4] Despite having the ability to do so, the relevant Minister, Labor MP Jaala Pulford made very clear that no such support would be forthcoming.[5] It’s worth noting that the Australian Government could also provide its support through a Federal Government Agency but chose not to do so.

Exemption to play v’s exemption to enter

So it seems that Djokovic was intending to rely on the Tennis Australia exemption, incorrectly assuming it was sufficient to allow him entry to Australia. The Prime Minister of Australia, confirmed in a news conference earlier today, that Djokovic did not possess or meet the exemptions (to enter) and as a result had his visa cancelled upon entry. Following the cancellation of his visa, Djokovic has been placed in alternative immigration detention facilities in the Park Hotel in Melbourne where a group of asylum seekers are also being held - some for almost two years. Djokovic will remain there until he is either granted a visa (or his earlier revocation is overturned) or he is removed from Australia.

So what happens next?

The next set of this dramatic match between the world’s number one and the Minister for Home Affairs will take place in the Federal Circuit and Family Court of Australia on Monday 10th of January 2022 where Djokovic will seek to challenge the legality of the cancellation of his visa.

If you ever had any doubt about the complexity of entering Australia and maintaining your eligibility for a visa, look no further than today’s remarkable events.

If you have received a notice of intention to consider cancelling your visa, we recommend that you reach out to a trusted immigration lawyer at the earliest opportunity.

[1] https://covid19.homeaffairs.gov.au/travel-restrictions

[2] https://covid19.homeaffairs.gov.au/travel-restrictions

[3] https://www.nytimes.com/2022/01/05/sports/tennis/novak-djokovic-australia-visa.html.

[4] https://covid19.homeaffairs.gov.au/travel-restrictions

[5] https://twitter.com/JaalaPulford?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor