Did Djokovic lie on border entry form?
Novak Djokovic’s chances of defending his Australian Open tennis title are in limbo for at least another day with Immigration Minister Alex Hawke yet to make a decision on whether to cancel the world No 1’s visa after he won a court battle to stay in the country.
The saga will drag into its sixth day following revelations the federal government is looking into whether Djokovic lied on his travel entry form when he said he had not travelled in the previous 14 days.
The Federal Circuit Court on Monday ruled that Djokovic’s visa should be reinstated because he was not given enough time to prove he had a valid exemption.
Hawke could use his personal power under the Migration Act to cancel Djokovic’s visa on public health grounds, but his office yesterday afternoon confirmed the minister is still considering the matter.
The federal government insists it was right to cancel Djokovic’s visa last week on the basis that a prior Covid-19 infection in the past six months is not a valid reason to have an exemption for being unvaccinated. The court never ruled on that question as the federal government conceded it did not provide Djokovic procedural fairness.
Federal government sources also confirmed they were looking into a discrepancy on Djokovic’s Australia Travel Declaration.
On the form, Djokovic stated he had not travelled in 14 days prior to his January 6 arrival in Australia. Djokovic had in fact travelled from Belgrade to Spain within that time.
All travellers arriving in Australia are asked if they have ‘‘travelled or will travel in the 14 days prior to your flight to Australia’’. They are also warned: ‘‘Giving false or misleading information is a serious offence. You may also be liable to a civil penalty for giving false or misleading information’’, with the maximum penalty 12 months imprisonment.
However, Djokovic told border officials that Tennis Australia completed the Australian Travel Declaration on his behalf. It is not clear whether this could save him from falling further foul of border officials.
The Federal Circuit Court on Monday ruled that Djokovic’s visa should be reinstated because he was not afforded procedural fairness by Border Force in giving him enough time to prove he had a valid exemption.
But Hawke could use his personal power under the Migration Act to cancel his visa on public health grounds.
Questions about Djokovic’s travel declarations emerged on the same day his brother refused to answer questions about the player’s attendance at functions in the days after court documents state he tested positive.
His lawyers say he took a PCR test at 1pm on December 16 and received a positive result about 8pm that night.
On December 17, he attended an award ceremony with junior tennis players without a mask, photos of the event show.
French newspaper L’Equipe reported Djokovic was in a photo shoot with one of their photographers on December 18.
Serbian regulations dictate a person must isolate for 14 days if they become infected, meaning his quarantine period would have ended on December 30.
Asked at a press conference yesterday morning whether Djokovic tested positive on December 16, the player’s brother, Djordje, said: ‘‘Yes, the whole process was public and all the documents that are public are legal.’’
When askedwhy Djokovic was at a public event the next day, the brother said the press conference was ‘‘adjourned’’ and family members stopped taking questions.