The Novak Djokovic visa situation, explained

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The nine-time Australian Open champion could not defend his title due to visa complications following his decision not to be vaccinated against COVID-19.

Caroline Chandler, The Carroll News

On Jan. 4, Novak Djokovic posted on his social media accounts that he had received permission to travel to Australia for the Australian Open via a COVID-19 exemption. 

There had been much speculation in the past year regarding Djokovic’s decision not to get the COVID-19 vaccine. In interviews with the press, he has been reluctant to give a definite answer either way. 

This year’s Australian Open was met with much anticipation, as Djokovic was looking to break a 20 grand slam championship tie with Roger Federer and Rafael Nadal. 

Djokovic flew from his home country of Serbia to Melbourne, Australia, on Jan. 5, 2022. 

Upon his arrival, he was detained by Australian Border Force officials, and his visa was canceled in the early morning hours on Jan. 6, 2022. 

The premise of his detention was in regards to his failure to meet pandemic entry requirements and an error made on travel information on his visa forms. As the process goes for those detained in the airport, he was kept in a separate room without access to his team or the internet. 

Documents released by the Victorian State Government and the Australian Open mention that a positive COVID-19 test would be considered as legitimate grounds for a vaccine exemption to enter the country. 

Djokovic tested positive for COVID-19 on Dec. 16, 2021, which under Victorian guidelines, allowed him to apply for an exemption in the first place. 

According to the Australian Open, any medical exemptions were to be submitted no later than Dec. 10, 2021. It was later revealed that Djokovic submitted his application and documentation on Dec. 17, 2021, a week after the specified deadline for review by the medical panels.

This left many wondering how sending in his appeal after the deadline still allowed him to gain initial approval for a vaccine exemption. 

In a public hearing, the first cancellation of his visa was overturned on Jan. 10 in a federal court decision. The judge allowed Djokovic to resume practicing and leave his quarantine facilities.

Looking to clear up the visa situation and provide some insight, Djokovic released a statement on Instagram on Jan 12.

He stated that upon learning about a possible COVID-19 exposure at a basketball game in Belgrade, Serbia, on Dec. 14, 2021, he decided to take a rapid antigen test, testing negative.

He revealed that he attended a tennis event for children in Serbia on Dec. 17, 2021, and took a PCR test after the event, the results of which were positive. 

He committed to fulfilling an interview on Dec. 18 and attended the event despite testing positive for the virus.

As for the visa mistake, he revealed that a team member incorrectly filled out the section regarding previous travel before arriving in Australia. The visa application process requires applicants to declare any international travel in the two weeks prior to landing in Australia.

Australian Immigration Minister, Alex Hawke, revoked Djokovic’s visa, making this the second time his status in the country was again up for debate. This decision came just four days after he was granted access into the country. 

Djokovic’s legal team wanted to challenge this decision, bringing the case up with the Federal Court of Australia. A court hearing was set for Jan. 16, just days before the start of the Australian Open. 

The hearing proved unsuccessful for the tennis star, with the court upholding the visa cancellation. Djokovic complied with the decision and flew out of the country soon after.

While the three-way tie no longer stands as Rafael Nadal claimed the Aussie Open title this year, the battle between the three is still ongoing. With the French Open looming in the tennis schedule, many are wondering if we can expect Djokovic’s appearance at the tournament or if he will get vaccinated. 

 

Refugee and Asylum Seekers Situation 

While the situation exposed visa issues, questions of special privilege, and miscommunications between Tennis Australia, the Victorian government, and the national government, another ongoing situation gained attention. 

Djokovic was detained for four nights in the Park Hotel, once a COVID-19 quarantine facility that is now used to detain asylum seekers. His brief time in the hotel brought attention to the asylum seekers with a seemingly permanent stay in the building.

According to an article from The Guardian, asylum seekers and refugees were reportedly moved to the Park Hotel in December 2021.

Refugees can see the pavement where they could be walking, but are instead confined to the suffocating borders of their hotel room. With some refugees being detained onshore and offshore for almost eight years, they are looking for answers.

According to the Australian Human Rights Commission, “Australia also has obligations not to return people who face a real risk of violation of certain human rights…and not to send people to third countries where they would face a real risk of violation of their human rights under these instruments”.

The poor conditions that these asylum seekers are forced to live in are cause for concern. Since the country is legally obligated to safeguard refugees and not send them back to harmful situations, those detained in government facilities urge the government to take action and improve living conditions.