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New court documents released by the Australian Federal Company on Saturday say Novak Djokovic tested positive for Covid-19 in December 2021.
“Mr Djokovic received, on 30 December 2021, a letter from the Medical Director of Tennis Australia stating that he had been offered a ‘medical exemption for COVID vaccination’ citing recent reasons. he recovered from COVID,” the document says.
According to the document, Djokovic’s first Covid-positive PCR test was recorded on December 16, 2021, and after showing no signs of fever or “respiratory symptoms”, he applied for an exemption. except medical to compete in the Australian Open.
Novak Djokovic has been given a medical exemption by Tennis Australia to compete at the Australian Open without being vaccinated “on the grounds that he has recently recovered from COVID,” his lawyers said in a court filing. judgment on Saturday.
The documents, which were filed in court ahead of Djokovic’s hearing on Monday, confirm that the men’s tennis number one was not vaccinated when he arrived in Australia on January 5.
After being questioned by Australian Border Force, the submission stated that Djokovic’s immunity was determined to be invalid under the Australian Biosecurity Act, because his “previous COVID-19 infection is not considered a medical contraindication to Covid-19 vaccination in Australia.”
A “medical contraindication” is granted in specific situations where a drug, procedure, vaccine, or surgery should not be used because it could be harmful to a person’s health.
Some basic information:
Djokovic’s visa was canceled on January 6 at 4:11 a.m. local time under Section 116(1)(e) of the Immigration Act, which “allows for visa cancellation where the person is at risk of affect the health, safety or good order of the Australian community, or to an individual in the Australian community. “
Djokovic’s lawyers argued in the submission that the nine-time Australian Open champion has every reason to believe he will be admitted to the country, as he “has a visa that is unqualified by any relevant conditions… has received a certificate of exemption from vaccination from the tournament organizer… and has received from the Department of Home Affairs a written notice that he has met the requirements for admission to the event. isolation exemption. ”
The “Letter from the Department of Home Affairs” referred to by Djokovic’s lawyers regarding the Australian Travel Declaration (ATD) form, is a standard document that all passengers arriving in the country must fill out at least 72 times. hours before departure.
According to the Australian Technical Advisory Group on Immunizations Expanding Guidance on Temporary Medical Waivers for Covid-19 Vaccines, a visa exemption may be granted to visa holders in certain relevant circumstances. to “PCR-confirmed SARS-CoV-2 infection, where vaccination may be deferred until 6 months after infection. ”
However, Prime Minister Scott Morrison told reporters on Thursday that Tennis Australia had been told in a letter as of November 2021 that unvaccinated players with recent Covid-19 infection would not be allowed to play. permission to enter this country.