As Djokovic has not been vaccinated,his ability to enter Australia and play in the Open depends on establishing a valid medical exemption from vaccination requirements. This involves satisfying both Commonwealth law,which governs Australia’s borders,and Victorian law,which governs entry to key Australian Open venues,such as Melbourne Park.
The simplest,most logical approach would have been for Tennis Australia to work with both the Commonwealth and Victoria to establish a clear process via which players seeking a medical exemption could make an application and have it assessed. This would have meant all players would have had a clear answer in advance about whether they were allowed to come to Australia and compete.
Tennis Australia and Victoria were able to agree on such a process. Two independent panels reviewed applications for vaccine exemptions. The panels,which included medical experts and drew on ATAGI guidelines,operated blind,without viewing the applicants’ identifying information such as name,age,nationality and whether the applicant was a player. Players such as Djokovic,whom the panels found to have valid exemptions,were cleared to attend Open venues and compete.
Ideally,a similar process would have been established at the Commonwealth level. This did not happen,but the Department of Home Affairs granted Djokovic a condition-free visa to enter Australia without quarantining. While the Commonwealth says this approval was via automated process and dependent on proof of a right to enter,it was reasonable for Djokovic to think he had been cleared to come to Australia and play.
But at the border,Djokovic’s visa was cancelled,and after several hours at the airport he was transferred to immigration detention in Melbourne’s notorious Park Hotel,where dozens of refugees and asylum seekers brought to Australia from offshore detention have been held,for years and under harsh conditions.
On Monday,Djokovic will argue before the Federal Circuit Court that Australian Border Force was not on good legal ground when it cancelled his visa. While many details are yet to become clear,those that have emerged suggest he has reasonable prospects of success.