More stories

  • in

    Australia Court Hears Novak Djokovic's Appeal

    His lawyer argued that the tennis star had met all government requirements before flying to the country to compete in the Australian Open.SYDNEY, Australia — A lawyer for Novak Djokovic, the Serbian tennis star, argued in an Australian court on Monday that the government had erred in canceling a visa for Djokovic because he had complied with all the government’s requirements even though he has not been vaccinated for Covid-19.The hearing came five days after Djokovic was detained at an airport after arriving on a flight from Dubai to compete at the Australian Open.Djokovic landed late Wednesday with a visa and a vaccination exemption to play in the tournament, which begins Jan. 17, but border officials canceled the visa with the support of Prime Minister Scott Morrison. The authorities said that Djokovic did not qualify for an exemption from the requirement that everyone entering the country be fully vaccinated.The drawn-out conflict over the world’s top men’s tennis player, who is seeking to win a record-breaking 21st Grand Slam title, landed at the start of an election year in Australia and kicked off another round of international debate over vaccine politics.With the Omicron variant pushing Covid case numbers to new heights both in Australia and the rest of the world, Djokovic’s detention pits those who argue that vaccination is more important than ever for preventing serious illness against those who insist that no one should be forced into inoculation.On multiple occasions, Djokovic has stated his opposition to vaccine mandates, saying that vaccination is a private and personal decision. He had not, however, revealed until last week whether he had been vaccinated.In a court filing on Saturday, Djokovic’s lawyers said that the tennis star tested positive for the coronavirus in mid-December, and that the Australian government had erred in canceling his visa over the vaccine requirement.The Novak Djokovic Standoff with AustraliaWhat Happened: The No. 1-ranked men’s tennis player was refused entry to Australia over questions about a Covid vaccine exemption.Understand the Standoff: Mr. Djokovic, a vaccine skeptic, was granted an exemption that would allow him to defend his Australian Open title. Then the federal government stepped in.A Difficult Moment in Australia: Barring the tennis star offers a chance to change the subject as an election looms and cases are at record highs.Exemption Skepticism: Here’s how the tennis world initially reacted to the news that Djokovic was granted an exemption.On Monday, Anthony Kelly, the federal court judge overseeing Djokovic’s appeal, noted during the hearing that his visa application had included a medical exemption from a physician, supported by an independent panel convened by the Victoria state government.“The point I’m somewhat agitated about is, what more could this man have done?” Judge Kelly said.But the federal government’s lawyers, in their filing, said that past Covid-19 infections were not a valid reason to defer immunization against the virus.Under vaccine guidelines issued in December by the country’s chief medical body, people are expected to be vaccinated against Covid-19 after recovering from “acute major medical illness,” and, the government argued, “the evidence is that the applicant has recovered.”It is not clear if or when Djokovic was ill. On Dec. 16, the day he said he tested positive, he appeared at a live-streamed public event. The following day, he appeared at an awards ceremony for junior players, where photographs showed that he was not wearing a mask.What is clear, even to many Australians who say that the rules should be applied to everyone, including sports superstars, is that they are embarrassed by the whole affair. Australia’s entry process for the tournament, and international travel generally during the pandemic, has been marred by confusion, dysfunction and political point-scoring that all add up to an image of incompetence.Djokovic inadvertently joined the fray on Tuesday, when he announced on Twitter that he had received a medical exemption from the requirement that all people entering Australia be vaccinated or quarantine for 14 days upon arrival.In a statement later that day, Craig Tiley, the chief executive of Tennis Australia, explained that players seeking an exemption had to pass muster with two panels of medical experts. The process included the redaction of personal information to ensure privacy.Communications between national health officials and Tennis Australia, and between Tennis Australia and players, have revealed contradictory messages about whether unvaccinated people infected with the coronavirus during the past six months would receive an automatic medical exemption.Federal officials wrote to Tiley in November to indicate that testing positive for the virus during the past six months would not be sufficient to gain automatic entry into the country without vaccination. But letters leaked to Australian news outlets showed that an adviser to Australia’s federal chief health officer had also told Tennis Australia that the state of Victoria, where the tournament is being held, was responsible for assessing exemptions.On Dec. 2, Brett Sutton, the chief health officer in Victoria, wrote to Tennis Australia: “Anyone with a history of recent Covid-19 infection (defined as within 6 months) and who can provide appropriate evidence of this medical history, is exempt from quarantine obligations upon arrival in Victoria from overseas.”Five days later, Tennis Australia passed on the message to players.Djokovic landed at Tullamarine Airport in Melbourne around 11:30 p.m. on Wednesday. After a nearly 10-hour standoff at the airport, border officials said he would have to leave the country. He was held in a room overnight over the validity of his visa and questions about the evidence supporting his medical exemption.His team filed a legal challenge to the ruling on Thursday. A judge said Djokovic would be allowed to remain in Australia at a hotel that houses refugees at least until Monday as his lawyers awaited a hearing.By that point, the decision had already become political. Australian leaders have a long history of winning elections with tough talk on border enforcement, despite the country’s harsh treatment of asylum seekers in offshore detention centers, and Mr. Morrison has followed a predictable script.Facing a tough re-election campaign as the economy starts to seize up from a surge of absences caused by an Omicron outbreak and a shortage of testing capacity, he pounced on the decision to cancel Djokovic’s visa, trying to frame it as a clear-cut case of law and order.“Rules are rules,” he said, adding, “Our government has strong form when it comes to securing our borders, and I don’t think anybody doubts that.”Critics of Australia’s immigration policies said they were dismayed, but not surprised. The hotel where Djokovic is staying holds dozens of refugees, including some who have been detained for nearly a decade.“As a country, we have been shown over time to be very aggressive in enforcing immigration policy,” said Steven Hamilton, a former Australian Treasury official who teaches economics at George Washington University. “People overseas should view this through that prism rather than as a health measure. It has nothing to do with health.”On Friday, border officials told the Czech doubles player Renata Voracova that she, too, would have to leave the country, even though she had played matches in tuneup tournaments last week.Voracova, who was given a medical exemption because she has had Covid-19 during the past six months, was moved to the same hotel as Djokovic, but opted to leave the country voluntarily rather than fight the deportation ruling. More

  • in

    Novak Djokovic Collides With Australia’s Covid Fight

    Barring the tennis star from entering the country offers a chance to change the subject as an election looms and coronavirus cases are at record highs.MELBOURNE, Australia — When Australia’s prime minister explained on Thursday why his government had barred Novak Djokovic, the men’s tennis superstar, from entering the country, he described it as “simply a matter of following the rules” requiring coronavirus vaccinations for incoming travelers.“People are put on planes and turned back all the time,” the prime minister, Scott Morrison, said.But Mr. Djokovic, who had a visa to travel to Australia and a vaccination exemption to compete in the Australian Open, collided not just with the country’s tough border restrictions after arriving at a Melbourne airport. He also found himself at the center of a highly charged moment in Australia’s fight against the coronavirus.With an election on the horizon, a sharp shift in pandemic strategy — from “Covid-zero” to “living with the virus” — has put Mr. Morrison’s government under intense pressure. Cases have surged to once unimaginable heights, pushing the country’s testing system to the limit and raising anxiety among a population that has already endured long lockdowns.After nearly two years of suppressing the virus, the Australian authorities began to change tack late last year as vaccination rates reached ambitious thresholds. Harsh restrictions that once kept people from traveling between states or to other countries, or from even leaving their homes, have been replaced by adages about “personal responsibility.”Novak Djokovic at the U.S. Open last year. Dismissive toward the pandemic, he has emerged as professional tennis’s most prominent vaccine skeptic.Ben Solomon for The New York TimesThe government was stepping back, however, just as the Omicron variant began to circulate. The country passed 10,000 new daily cases for the first time on Dec. 27, and the daily caseload has since surged to over 60,000.Deaths and hospitalizations have so far remained relatively stable. But the country’s testing system, devised to trace and suppress small outbreaks, has been overwhelmed by the explosion of cases, with reports of residents lining up for upward of six hours to get PCR tests and waiting nearly a week for results.Shortages of rapid antigen tests have left pharmacy and supermarket shelves bare, and there are concerns about hospital capacity amid reports that some coronavirus-positive nurses have been called back to work because of staffing gaps.All of that has left little sympathy in Australia for Mr. Djokovic, who has been dismissive toward the pandemic and emerged as professional tennis’s most prominent vaccine skeptic.That is particularly true in Melbourne, where the Australian Open is held, and where residents have endured a total of 256 days of lockdown, in part to spare the rest of Australia from outbreaks. Unvaccinated Melburnians are still barred from some activities, and those wishing to watch the Australian Open must be vaccinated.Melbourne last month. Australia passed 10,000 new daily Covid cases for the first time on Dec. 27, and the daily caseload has since surged to over 60,000.Diego Fedele/Getty Images“Against this background of community anxiety and in the context of a public fatigued by extended coronavirus lockdowns and scrambling to access vaccine booster shots,” said Paul Strangio, a politics professor at Monash University in Melbourne, it was inevitable that news of Mr. Djokovic’s vaccination exemption “was going to provoke howls of outrage.”For Mr. Morrison, a conservative who is looking to extend his tenure as prime minister after winning an election upset in 2019, the Djokovic case offers a chance to change the subject. After days of harsh criticism over his government’s failure to secure adequate supplies of at-home tests and its reluctance to provide them at no charge, he is now championing the country’s strong defense of its borders to safeguard the population.Mr. Morrison has appeared to embrace the decision to turn Mr. Djokovic away at the border as his coalition is trailing in public polls, with the main opposition party lashing him over the shortfalls in rapid antigen tests.“I think the government, under pressure, was looking to make a decision that was broadly popular and which would consume the attention of those watching federal politics,” said Mark Kenny, an expert in politics at the Australian National University.“Up until this decision, the overwhelming political issue was rapid antigen tests, and suddenly all the attention swings to this dramatic decision,” Professor Kenny added.Prime Minister Scott Morrison said the decision to bar Mr. Djokovic from entering the country was “simply a matter of following the rules.”Lukas Coch/EPA, via ShutterstockThere is also a less flattering light in which to view the baffling turn of events that led Mr. Djokovic to be questioned for hours by border officials before being sent to hotel quarantine pending a legal appeal scheduled for early next week.The Coronavirus Pandemic: Key Things to KnowCard 1 of 6The global surge. More