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Novak Djokovic was granted medical exemption after testing positive for Covid-19 in December, court documents show

The development comes like number 1 tennis in the world confined to a Melbourne hotel when he faced a legal challenge over revoking his visa ahead of the tournament.

“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’ on the grounds that he had recently received his I have 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. medical deduction to compete at the Australian Open, according to the document.

The Serb – who has previously criticized the Covid-19 vaccine mandate – has been given a medical exemption to compete in the tournament without being vaccinated “on the pretext that he has recently recovered post COVID,” his lawyers said in a court filing on Saturday.

Novak Djokovic's fans are fighting to get him out of his hotel.  Inside, the refugees wondered if they would ever leave

The documents, filed in court ahead of Djokovic’s hearing on Monday, confirm the player was unvaccinated 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 of his “previous infection with COVID-19″. 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 harm a person’s health.

Djokovic’s visa was later canceled on January 6 at 4:11 a.m. local time, under Section 116(1)(e) of the Immigration Act, “allowing for the cancellation of a visa that the person is at risk of about 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 granted entry to the country, as he “has an unqualified visa qualified by any relevant condition … has received a medical exemption certificate from the vaccinated tournament organizer … and has received written notice from the Department of Home Affairs stating that he have met the conditions to arrive without quarantine.”

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 ATAGI’s Expanded Guidance on Temporary Medical Exemptions for COVID-19 Vaccines, a visa waiver may be granted to visa holders in certain circumstances related to “SARS-CoV infection”. -2 has been confirmed by PCR, where vaccination can be deferred until 6 months later. 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.

The Serbian superstar has not made his vaccination status public, but in a press conference on Thursday, Morrison said the 34-year-old “does not have a valid medical exemption” from the vaccination requirement for those people to the country.

Djokovic’s legal team has sought an urgent injunction against the Australian Border Force’s decision to revoke a visa. The country’s Federal Court has postponed a decision until Monday on whether he will be allowed to remain in Australia or be deported, according to Reuters and public broadcaster ABC.

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