Novak Djokovic was subject to an eight-hour ordeal in which airport security refused to let him sleep, denied him time to speak to his lawyers and unlawfully cancelled his visa, according to the legal team representing the world No1 tennis player.
Djokovic was said to be 'shocked and confused' by the remarkable scenes that unfolded overnight in Melbourne's Tullamarine Airport on January 6-7, with the Serbian insisting he had complied with all the authorities' requirements for entering the country.
His lawyers claim that the border security staff made a 'mischievous and spurious' attempt to rush Djokovic into agreeing to the cancellation of his visa, thus preventing him from competing in next week's Australian Open.
Novak Djokovic's lawyers say he was 'shocked and confused' by treatment at Melbourne airport
There will be a court hearing on Monday to determine whether he is deported from Australia
Solicitors said their client was unfairly pressured into the decision and insisted that his treatment did not comply with natural justice, describing the Border Force's conduct as 'procedurally unfair'.
Their legal documents, submitted for Djokovic's court hearing on Monday, use a transcript from his airport interview to detail what happened once his Emirates flight EK408 landed shortly before midnight last Wednesday.
Alerted to Djokovic's case while the Boeing 777-300ER was in the air from Dubai, Border Force officials had effectively decided he was not exempt from restrictions placed on unvaccinated arrivals.
12.21am: They began an interview with Djokovic, a vaccine sceptic, at 12.21am and spent half-an-hour asking him about his visa. There were several breaks in the interview lasting a few minutes. Djokovic, who was quoted in the legal submission, told officials he had legitimately been granted an exemption because he had tested positive for Covid within the past six months.
'I explained that I had been infected with Covid in December 2021 and on this basis I was entitled to a medical exemption in accordance with Australian Government rules and guidance,' he said.
Djokovic fan waves a Serbia flag in support of tennis star inside Melbourne Tullamarine Airport
'I further explained that my medical exemption had been granted by the Independent Expert Medical Review Panel; that I had previously provided all relevant medical reports to TA [Tennis Australia], including my Covid PCR test results, and that accordingly the visa should not be cancelled.
'I told the ABF [Australian Border Force] officers that I had correctly made my Australian Travel Declaration and otherwise satisfied all necessary requirements in order to lawfully enter Australia on my visa.'
3.55am: Djokovic was told the Australian Border Force was going to issue him with a notice cancelling his visa.
4.11am: The notice was given to him at 4.11am and Djokovic was granted 20 minutes to provide any further information that might prevent it being
