Affidavit

Family Law Rules 2021 - RULE 8.15

General Federal Law Rules 2021 - RULE 4.04

Filed in: COURT USE ONLY

[>\l Federal Circuit and Family Court of Australia
Client ID
I Family Court of Western Australia
PI Other (specify) File number
Type of proceedings:
I Family law proceedings Filed at
fXl Migration proceedings
I General federal law proceedings Filed on

Other (specify)
Court location
Filed on behalf of:
Full name: NOVAK DJOKOVIC Court date

Name of person swearing/affirming this affidavit (see part C)

NOVAK DJOKOV1C
Date of swearina/affirmina / 01 / 2022

■About the parties

APPLICANT 1 RESPONDENT 1
Family name (as used now)/Title/Organisation Family name (as used now)/Title/Organisation
DJOKOVIC MINISTER FOR HOME AFFAIRS
Given names (as required) Given names (as required)
NOVAK

APPLICANT 2 RESPONDENT 2
Family name (as used now)/Title/Organisation Family name (as used now)/Title/Organisation

Given names (as required) Given names (as required)

What is the contact address (address for service) in Australia for the party filing this affidavit?
You do not have to give your residential address. You may give another address at which you are satisfied that you will receive documents.
If you give a lawyer's address, include the name of the law firm. You must also give an email address.
Hall & Wilcox
Level 11, Rialto South Tower, 525 Collins Street, Melbourne VIC 3000 Australia
Phone +61 3 9603 3555
Part B About the independent children’s lawyer (if appointed)

Independent children’s lawyer family name Given names

N/A
Firm name

Part C About you (the deponent)

Family name (as used now)/Title/Organisation Given names

NOVAK DJOKOVIC

Gender Usual occupation (if applicable)

[X] Male C] Female ED X PROFESSIONAL TENNIS PLAYER

What is your address?

You do not have to give your residential address if you are concerned about your safety. You may give another address at which you
are satisfied that you will receive documents.

Care of Hall & Wilcox, Level 11, Rialto South Tower, 525 Collins Street
MELBOURNE
State VIC Postcode 3000

Part D Evidence

1. lam the applicant in this proceeding.

2. I swear this affidavit in support of an application dated 6 January 2022 made on my behalf by my solicitors,
Hall & Wilcox, seeking orders as set out in that application (which I believe may be amended).

3. The following facts and matters set out within this affidavit are within my own personal knowledge except as
otherwise stated.

Background

4. I am a professional tennis player and a citizen of the Republic of Serbia.

5. I was invited by Tennis Australia (TA) to travel to Australia and play in the 2022 Australian Open tennis
tournament. TA is the governing body for tennis in Australia. I have travelled to Australia on at least 9
previous occasions over approximately the last decade to participate in the Australian Open and other tennis
tournaments and events in Australia.

6. I have not previously encountered any major immigration or other issues in relation to my entry to Australia.
On all previous occasions I have secured the necessary visas from the Commonwealth Government of
Australia without difficulty, in consultation with TA, and in what I understand to be the usual manner.

7. I have never been refused an Australian visa in the past and, prior to the event that is the subject of this
proceeding, I have not had any previous Australian visa held by me cancelled.

©
My preparation for travel to Australia

8. The 2022 Australian Open is scheduled to commence on Monday 17 January 2022 and to finish on Sunday
30 January 2022. The final event of the Australian Open is the Men’s Singles Final. I have been fortunate to
win the Men’s Singles Final at the Australian Open on 9 previous occasions.

9. In or about October or November 2021, I applied for an Australian temporary entry visa, with the assistance
of my agent and TA, in order to be able to compete in the 2022 Australian Open. My application was accepted
by the Australian Government and a Temporary Activity (subclass 408) visa was granted to me on 18
November 2021. Annexed to this affidavit and marked ‘ND-1’ is a true copy of the Temporary Activity
(subclass 408) visa dated 18 November 2021 granted to me.

10. On 16 December 2021,1 was tested and diagnosed with SARS-CoV-2 (COVID). Annexed hereto and marked
ND-2’ is a true copy of my COVID-PCR test result issued by the Institute of Public Health of Serbia showing
a positive COVID result dated 16 December 2021.

11. On 22 December 2021, I undertook a further COVID-PCR test, which recorded a negative result. Annexed
hereto and marked ‘ND-3J is true copy of my COVID-PCR test result issued by the Institute of Public Health
of Serbia showing a negative COVID result dated 22 December 2021.

12. As I regularly travel across international borders, I understand that each country has its own entry
requirements and, in particular, requirements relating to measures to protect people against the risks of
COVID infection. In December 2021, I understood that Australian Government requirements for entry into
Australia required me to be vaccinated against COVID or have a medical exemption. I further understood
that having a recent COVID infection was a valid ground for obtaining a medical exemption. In consultation
with my agent and TA, I sought a medical exemption on the basis that I had been recently infected with, and
recovered from, a COVID infection. On 30 December 2021, I was advised by TA that an Independent Expert
Medical Review Panel commissioned by TA, reviewed and endorsed by an independent Medical Exemptions
Review Panel of the Victorian State Government, had provided me with a temporary medical exemption from
COVID vaccination which was valid until 16 May 2022 on the grounds that I had recently recovered from
COVID. Annexed to this affidavit and marked ‘ND-45 is a true copy of the medical exemption granted to me
by the Independent Expert Medical Review Panel dated 30 December 2021.

13. The medical exemption document dated 30 December 2021 stated that the exemption was consistent with
the recommendations of the Australian Technical Advisory Group on Immunisation (ATAGI). I have at all
times understood that I was entitled to the medical exemption granted to me, based on my recent COVID
infection in December 2021, and that this was consistent with all Australian Government entry requirements.

My travel to and arrival in Australia

14. On about 1 January 2022, I authorised my agent to submit my Australia Travel Declaration to the Australian
Government Department of Home Affairs, based on my understanding that I was entitled to enter Australia
on the basis of my temporary visa and the medical exemption granted to me. On 1 January 2022, my agent
received an email from the Department of Home Affairs advising that my Australia Travel Declaration had
been assessed. Annexed to this affidavit and marked ‘ND-5’ is a true copy of my Australia Travel Declaration
Assessment dated 1 January 2022 advising that I met the requirements for quarantine-free arrival upon my
arrival in Australia.

15. On about 2 January 2022, I was issued with a Border Travel Permit from the Victorian State Government.
Annexed to this affidavit and marked ‘ND-6’ is a true copy of the Border Travel Permit issued to me on 2
January 2022.

16. At this time, having had my visa granted, a medical exemption issued to me, my Australia Travel Declaration
assessed and approved by the Australian Government, and the Border Travel Permit issued by the Victorian
State Government, I believed that I had satisfied all the necessary requirements for entry into Australia.
17. On Tuesday 4 January 2022 I departed from Spain to travel to Melbourne via Dubai. I arrived in Melbourne
by commercial airliner at approximately 11:30pm (local time) on Wednesday 5 January 2022. The total trip
took about 25 hours, including layovers at various airports. I arrived in Melbourne together with three of my
coaches and support staff. Upon landing, we were asked to exit the plane before anyone else and were
escorted to passport control. At this point I was asked to produce my passport, which I did. My passport was
not returned to me and I have not seen it since then. The passport control officer asked me if I was vaccinated.
I said no, but that I have a medical exemption. He asked me for paperwork to support my claim to a medical
exemption. I gave him copies of the following documents which I had printed prior to my departure from
Spain:
a. Visa granted 18 November 2021 (Exhibit ND-1)
b. Medical Exemption 30 December 2021 (Exhibit ND-4)
c. Travel Declaration dated 1 January 2022 (Exhibit ND-5)
d. Border Travel Permit dated 2 January 2022 (Exhibit ND-6)

18. My interaction with the passport control officer lasted only a few minutes. I understood that the passport
control officer was not satisfied with my documents, so he called over a male officer from Australian Border
Force (ABF) who I subsequently understood to be known as ‘Sudhir R’ (SR). The passport control officer
handed my passport to SR, but I do not recall what happened at that point to my other documents. SR then
escorted me to a small room with a table, two chairs and a video camera inside it. He told me that the camera
was turned on and that ABF officers would be watching what was going on in the room. SR then left the room
for a short time and returned with a small handheld voice recorder and some paperwork. SR told me that
everything we speak about would be on the record. The voice recorder was then used throughout the night
on occasions when I was being formally interviewed by SR, but not during every conversation I had with him
or other ABF officers.

19. At about 12:20am on 6 January 2022, SR commenced a formal interview with me in the small room. He
asked me to provide my documentation, and so I gave to him the same documents which I had previously
given to the passport control officer. I was asked by SR whether I had previously been infected by COVID. I
told him that I had been infected twice with COVID, the most recent occasion being in December 2021. I also
gave SR copies of my COVID-PCR test results (Exhibits ND-2 and ND-3), which I had not provided to the
passport control officer. I gave these additional documents to him because I understood that the main reason
why I was allowed to travel to Australia under a medical exemption was because I had been infected with
COVID in the last 6 months. That is why I wanted him to see the COVID-PCR test results, but I recall he did
not appear to be very interested in these documents. He then copied those two documents.

20. This interview with SR was interrupted (or suspended) on about 6 to 8 occasions because he told me that he
needed to go outside to speak with his supervisors about my documents and the information he was getting
from me in the interview. On one such occasion, I started using my phone in the room while SR was away,
in order to communicate with my agent, and provide information about what was happening to me. After
about 15-20 minutes I was told that I was not able to use my phone and I must switch it off and put it away. I
turned off my phone and placed it in my tennis bag next to me as directed. After approximately 90 minutes,
there did not appear to be anything else I could provide to him, and so the interview ended and I was allowed
to go into the corridor to rest on the sofa.

21. Several hours later, just after 4:00am on 6 January 2022, I was given a document by SR which was a Notice
of intention to consider cancellation of my visa. Annexed hereto and marked ND-7’ is a true copy of the
Notice of intention to consider cancellation (forming part of the subsequent record of decision). When he read
to me the page headed ‘ATTACHMENT A (Part A)’, I made some comments. When he said that previous
infection with COVID-19 is not considered a medical contraindication for COVID-19 vaccination in Australia,
I said that that’s not true, and I told him that the Independent State Government medical panel had said and
I explained why. I then referred to the two medical panels and the Travel Declaration (which had been
assessed by the Commonwealth Government and indicated that I could lawfully enter into Australia).

22. SR signed the notice in front of me at about 4:11am. I did not sign it because I was confused and did not
know what to do and I wanted advice from my lawyers. My agent and I had done all that was asked of us in
making the application for entry into Australia. I believed that I had complied with all the rules about being
permitted to enter into Australia. I did not understand what was happening. And I did not understand why he
was considering cancelling my visa. I was upset and confused. It was about 4:00am and I needed some
 help, and I told him that. I wanted to speak to TA, but could not speak to them until 8:00am. He told me he
was giving me 20 or so minutes to respond, give comments or give any other information that may affect their
decision whether to cancel my visa. At that point I was allowed to use my phone again, being given an
opportunity to make a phone call. After making such a call, I asked SR if my lawyers could speak with him
(or other ABF officers) directly. SR left the room in order to speak with his superiors. When he came back
he said that that would not be possible. SR said that he could only allow my legal representative to be present
on the phone and listen to the interview, but the lawyer would not be permitted to speak or participate. I then
requested more time to consider what to do because I was tired and I wanted to get some rest and I also
wanted to wait for a time closer to local business hours when I could have a better opportunity to contact my
lawyers, TA representatives and other relevant people for assistance. At this point it was about 5:00am and
SR again left the room to check with his superiors. When he returned, and I believed without turning on the
recorder again, he told me that they would grant me more time and they would review everything between
8:00am and 8:30am. After this conversation, I went out to the sofa in the corridor and started to rest. I was
mentally and physically tired at this stage and wanted to rest, and I had understood that I had until 8:30am to
do so. I was told that a bed was being prepared for me in a separate room to rest, so I waited on the sofa
until the bed was made ready.

23. At about 5:00-5:30am, two of SR’s superiors approached me on the sofa to speak with me. I was aware that
they were his superiors because I had met one of them earlier in the evening and SR described him to me as
his superior; the other one I had not previously met. They said to me that it had come to their attention that I
was requesting to postpone the decision making on my visa cancellation to 8:30am. They asked why that
was the case and whether I wanted to rest. I replied yes, but also that I wanted some help and legal support
and advice from my representatives that are currently sleeping and are difficult to get a hold of at this early
hour. They told me that my legal representatives wouldn’t be able to make an appeal in the hypothetical case
of any visa cancellation before they had made a decision about the cancellation. They said that the sooner
that they make a decision, the better for me and my representatives. They said that if they did not cancel my
visa, then I would be free to go and I could go to where I was to stay while in Melbourne. They said that if
they cancelled my visa, then my lawyers would know what they had to deal with, and could do their legal work
to challenge the cancellation. At this point I felt that they were trying to persuade or convince me that it would
be better if I responded to the notice earlier rather than later, and that I should do what they were saying. But
I said I needed to speak with someone and think about this, because I was confused, I thought I had some
time, and I preferred to have more time. I wanted some advice from one of my lawyers, someone from Tennis
Australia and/or my agent. The two ABF officers then left me on the sofa.

24. Shortly after this, I was advised that a bed had been prepared for me in a nearby room. I lay down thinking I
had time to consider my situation. I was mentally starting to slow down and was on the bed with headphones
trying to sleep. I was woken up by SR and one of his superiors. The superior said that I wanted some time
to think, which I now had had, and that I now needed to tell them what to do. I didn’t know what to do, and
said I preferred to have more time and I didn’t know what more they expected me to tell them. They presented
to me that it was better for me if the interview was done right away; they said that I can give my comments on
the Notice and then they can make a decision, and then my legal team can know what to do, because right
now they can’t do anything. I felt like I had no choice, but I had to participate in the interview.

25. At this point it was approximately 6:00am and SR and his superior invited me into the interview room. The
superior then left, and SR started a formal interview with me. At that point I realised I would not have until
8:30am to prepare and seek advice. I was again asked to explain why I had sought a medical exemption
from the COVID vaccination requirements for entry into Australia. I explained that I had been recently 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. 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, including my COVID-PCR test results, and that accordingly the visa should not be cancelled. I told the
ABF 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.

26. After the interview ended, SR left the interview room and returned at approximately 7:40am. He then informed
me that they had decided to cancel my visa and that I would be removed from Australia as an unlawful non­
citizen. They informed me I was to be taken from the airport to a hotel. This eventually occurred, and I now
remain at a hotel under detention.

©
27. During my conversations with SR, he did not say anything about me being a risk to the health or safety of the
community, other than simply reading from the documents contained in the Notice of intention to cancel my
visa.

28. During my conversations with SR, he did not explain to me that he himself had any discretion about the
decision on whether to cancel my visa. On the basis of SR frequently leaving me to check things with his
superiors, I believed his superiors were making the decision about the cancellation of my visa. A couple of
times I spoke with a female ABF officer and asked her what was going on, why things were taking so long,
and when she replied she would say they were on the line and they are just waiting. This all gave me the
impression or idea that the decision about my visa was not completely up to the people that were talking to
me, and instead it was up to someone else above them.

PartE Signature

I swear the contents of this affidavit are true

M CH ET tilUDiCfllTl
Full name of witness (please print)

I I Justice of the Peace

I I Notary Public
\Y\ Lawyer

^delete whichever is inapplicable

This affidavit was prepared / settled by Q deponent/s

53 lawyer \AAU \N\ULQ*.

PRINT NAME AND LAWYER'S CODE

0
 7

This is the document referred to as ND-1 in the affidavit of Novak Djokovic sworn/affirmed at

Melbourne on / Q before me _ g-Aoiet rn__________

ZCVL

[witness to sign and provide name and qualification].

kcMo

(aiupicA'I'Ti
fUsff tUu C^\ (Jjaj rs& U /? 'av* Us
 Australian Government
Department of Home Affairs

Dear Novak DJOKOVIC

We have granted you a Temporary Activity (subclass 408) visa on 18 November 2021.

***lmportant information on travel to Australia***

The Australian Government has implemented a number of arrangements in response to the
COVID-19 pandemic. You may not be able to enter Australia unless you are in an exempt
category or have received a travel exemption. Information about these arrangements is
updated regularly on our website covidl 9.homeaffairs.aov.au

You should check the website for current arrangements, prior to travelling.

Application status
Temporary Activity (subclass 408): Granted

Visa conditions
8107 - Work limitation
8303 - Activity limitation

An explanation of each condition of this Temporary Activity (subclass 408) visa is provided
below.

You can check these conditions at any time by using the Visa Entitlement Verification Online
(VEVO) service. The four-digit number presented next to each condition above is used in
VEVO to identify each condition that applies to this Temporary Activity (subclass 408) visa.

Visa duration and travel

Date of grant 18 November 2021
Must not arrive after 18 May 2022
Length of stay 3 month(s) from the date of first arrival
Travel Multiple entries

Visa summary
Name Novak DJOKOVIC
Date of birth
Visa Temporary Activity (subclass 408)
Activity Invited for other social/cultural activity
Date of grant 18 November 2021
Visa grant number 0289584778727
 9

Passport (or other travel

document) number
Passport (or other travel SERBIA
document) country
Application ID 65647182
Transaction reference number EGORU87C94
Proposer Tennis Australia Limited

Why keep this notice?

• Employers and other government agencies might ask for details in this notice so they
can carry out checks using VEVO.
• To access your visa record in VEVO.

Temporary Activity (subclass 408) visa conditions

Work limitation (visa condition 8107)
This condition means that if you have been granted works rights in Australia, but these work
rights are subject to limitations. Your condition allows you to be employed by a particular
employer or undertake specific activities in Australia.

If you are working for a particular employer you must:

• continue to be employed by that employer
• not work for any other employer
• not be self-employed
• not undertake any work that is inconsistent with the purpose of the visa.

If you are allowed to undertake specific activities in Australia other than employment you
must:
• continue to undertake those activities
• not undertake any activities that are inconsistent with the purpose of the visa
• not be self-employed
• not undertake work for another person that is inconsistent with the purpose of the visa.

Failure to meet the above requirements will mean you are in breach of condition 8107 and
your visa may be cancelled.

Activity limitation (visa condition 8303)

This condition means that you must not become involved in activities disruptive to, or
violence threatening harm to the Australian community or a group within the community.

Australian working conditions

Workplace rights
Pay rates and workplace conditions are set by Australian law. All people working in Australia,
including those from overseas, have rights and protections at work. These cannot be taken
away by contracts or agreements.
 10

This is the document referred to as ND-2 in the affidavit of Novak Djokovic sworn/affirmed at

Melbourne on 10 ^t^uxtuy before me _ Gu*diut'{h_____________

-toil 7

[witness to sign and provide name and qualification].

 11
HHCTHTYT 3A JABHO WABJLE CPEHJE
„Ap MiuiaH JoBaHOBiiR EaTVT”
INSTITl' I ZA JAVNO ZDRAYLjE SRB1JE
„Dr Milan .lovanovic Batut”
INS I in I E OF PUBLIC HEALTH OF SERBIA
”I)r Milan .lovanovic Batut”

LUncJipa noTBpAe: 7371999-259039

Sifra potvrde / Confirmation code

nOTBPAA O PE3yJITATy TECTMPAHjA HA BMPyC SARS-CoV-2

POTVRDA 0 REZULTATU TESTIRANJA NA VIRUS SARS-CoV-2
ANALYSIS ON VIRUS SARS CoV-2 REPORT

HMe namijetrra: NOVAK DJOKOVIC

Ime pacijenta: NOVAK DJOKOVIC / Name NOVAK DJOKOVIC

flaTyM po^eH>a:
Datum rocienja / Date Of Birth

no/i: MyujKO
Pol: Musko / Gender: Male

JMBG / Personal. No.

AaTyM y3opKOBaH>a: 16.12.2021 13:05:12

Datum uzorkovanja / Date of sampling

3ApaBCTBeHa ycTaHOBa Koja je y3e/ia y3opaK: Jla6opaTopnja - 3aBoa 3a 6no4MAe m MeAnu,MHCKy

eKO/iomjy
Zdravstvena ustanova koja je uzela uzorak / Sampling Health Institution

Jla6. 6poj npoTOKOAa: P12426

l ab. broj protokola / Sample ID

BpcTa y3opKa: HaaocpapMHreanHM 6pnc

Vrsta uzorka: Nazofaringealni bris / Type of Sample: Nasopharyngeal swab

BpcTa aHann3e n npon3Bo1^aH Tecra: Real Time PCR test-SARS-CoV-2, , Xpert Xpress SARS-CoV-2
(GeneXpert)
Vrsta analize i proizvodac testa / Method of analysis and test manufacturer

Pe3ynTaT: no3MTMBaH
Rezultat: Pozitivan / Result: Positive

AaTyM H3AaBaH>a pe3ynTaTa: 16.12.2021 20:19:56

Datum izdavanja rezullata / Date of result

Aa6opaTopMja: Jla6opaTopnja - 3aBOA 3a 6noAiiAe m MeAmtuHCKy eKonomjy

Laboratorija / Laboratory

OBa noTBpfla bb>km 6e3 noTnuca n nesaTa

Ova potvrda vazi bez potpisa i pecata / This certificate is valid without signatures and seals
 12

This is the document referred to as ND-3 in the affidavit of Novak Djokovic sworn/affirmed at

Melbourne on / 0 )a>u<iOW before me Cjivid iCfliff_______________

m
[witness to sign and provide name and qualification].

‘Maul'UiBd

jCptwn-aiu btcfirn
pv-SIvMjl cl-^ m Prfi t'f1 ~h ^
 13
HHCTHTYT 3A JABHO 3APABJBE CPEHJE
„Ap MiiJiaH JoBaHOBH& BaTyT”
INSTITUT ZA JAVNO ZDRAVLjE SRBIJE
„Di Milau Jovanovic Batut”
INSTITUTE OF PUBLIC HEALTH OF SERBIA
”Dr Milan Jovanovic Batut”

LLlucfipa noTBpAe: 7320919-259039

Sifra potvrde / Confirmation code

nOTBPflA O PE3y/lTATy TECTMPAHjA HA BMPyC SARS-CoV-2

POIVRDA O REZULTA1 U TESTIRANJA NA VIRUS SARS-CoV-2
ANALYSIS ON VIRUS SARS-CoV-2 REPORT

MMe nauMjeHTa: NOVAK DJOKOVIC

Ime pacijenta: NOVAK DJOKOVIC / Name: NOVAK DJOKOVIC

flaryM pot^erta: I
Datum rodenja / Date Of Birth

no/i: MyuiKO
Pol: Musko / Gender: Male

JMBT:
JMBG / Personal. No.

AaTyM y3opKOBaH>a: 22.12.2021 14:12:10

Datum uzorkovanja / Dote of sampling

3ApaBCTBeHa ycTaHOBa Koja je y3e/ia y3opaK: HHCTMTyT 3a BMpyco/iomjy, Ba ku,m He m cepyMe Top/iaK
Zdravstvena ustanova koja je uzela uzorak / Sampling Health Institution

Jla6. 6poj npoTOKO/ia: 688913

Lab. broj protokola / Sample ID

BpcTa y3opKa: Ha3o4)apMHrea/iHM 6pnc

Vrsta uzorka: Nazofaringealni bi is / Type of Sample: Nasopharyngeal swab

BpcTa aHa/iM3e m npon3BotjaH TecTa: Real Time PCR test-SARS-CoV-2, , Sansure Biotech INC; Hunan
Province
Vrsta analize i proizvodac testa / Method of analysis and test manufacturer

Pe3y/iTaT: HeramBaH
Rezultat: Negativan / Result: Negative

AaTyM H3AaBaH>a pe3y/vraTa: 22.12.2021 16:15:49

Datum izdavanja rezultata / Date of result

Jla6opaTopMja: l/lHCTHTyT 3a Bnpycojiornjy, BaKu,nHe m cepyMe Top/iaK

Laboratorija / Laboratory

I
OBa noTBpAa Ba>Kn 6e3 noTnuca m nenaTa
Ova potvrda vazi bez potpisa i pecata / This certificate is valid without signatures and seals
 14

This is the document referred to as ND-4 in the affidavit of Novak Djokovic sworn/affirmed at

Melbourne on I 0 before me _ G^diiafh'_____________

zc li '

[witness to sign and provide name and qualification].

rn _
fUlirc<M cU\ Ltgaj Pwub1->Oisa+'
 15

Medical exemption from COVID vaccination

30th December 2021

Name: NOVAK DJOKOVIC

DOB: HHI
Country of birth: Republic of Serbia
Passport number:

To whom it may concern,

Mr Novak Djokovic has been provided with a medical exemption from COVID vaccination on the
grounds that this individual has recently recovered from COVID.

The date of the first positive COVID PCR test was recorded on the 16/12/21 and it has now been more
than 14 days since the first positive PCR test. Mr Djokovic has not had a fever or respiratory symptoms
of COVID-19, in the last 72 hours

This temporary exemption is valid until 16/5/22.

This certificate for exemption has been provided by an Independent Expert Medical Review panel
commissioned by Tennis Australia. The decision of the panel has been reviewed and endorsed by an
independent Medical Exemptions Review Panel of the Victorian State Government. The conditions of
the exemption are consistent with the recommendations of the Australian Technical Advisory Group on
Immunisation (ATAG1).

Yours sincerely,

Dr Carolyn Broderick MBBS, FACSEP, PhD

Chief Medical Officer, Tennis Australia & Australian Open

Independent Expert Medical Review Panel

 16

This is the document referred to as ND-5 in the affidavit of Novak Djokovic sworn/affirmed at

Melbourne on /'^ ~)cw-icij*-y before me _ tUi(An&l C iucU' fftfcfc)____________

IX U

[witness to sign and provide name and qualification],

(LfHwn C\\\Ar>\(frTr\a
rh^S hcUu CU^ U-j, flj. r 't\ (fai~)0 tXLr
 17

Da: [email protected] $
Oggetto: Your Australia Travel Declaration has been received
Data:
A:

Australian Government
Department of Home Affairs

Dear Novak Djokovic

We have received your Australia Travel Declaration on 01 Jan 2022 10:36 (UTC).

Status

Your Australia Travel Declaration has been assessed

Your responses indicate that you meet the requirements for a quarantine-free
arrival into Australia where permitted by the jurisdiction of your arrival.

However, states and territories may require you to self-isolate at home and
undertake additional COVID-19 testing. Currently, you are required to undertake a
COVID-19 PCR test within 24 hours of arrival and again on day 6 after your
arrival. These requirements may vary so you need to check the requirements on
australia.Qov.au/quarantine closer to your arrival.

Please print or download this email and store it safely for use when requested on
your day of travel.

QR Code
 18

LUSFuvirtK

Declaration Details

Given Name
Novak

Family Name
Djokovic

Travel Document

Submission (UTC)
01 Jan 2022 10:36

Valid Until (UTC)

02 Jul 2022 22:36

TravelMode
Air

Departure Country
United Arab Emirates

Departure Date
05 Jan 2022

Port
MEL

Flight Number
EK408

Arrival Date
05 Jan 2022

Why keep this notice?

• You may be requested by airline staff to show that you have completed your
Australia Travel Declaration
• You may be requested by Australian Border Force officers to show that you
 19

have completed your Australia Travel Declaration

Privacy Notice
The Department of Home Affairs (the Department) is bound by the Australian
Privacy Principles (APPs) in Schedule 1 to the Privacy Act 1988 (Cth) (Privacy Act).
The APPs regulate how we collect, use, store and disclose personal information,
and how you may seek access to, or correction of, the personal information that we
hold about you.
 20

This is the document referred to as ND-6 in the affidavit of Novak Djokovic sworn/affirmed at

Melbourne on IQ -)tuy before me _ (L/XoIavJ L gqLa C ______________

~U T~L

[witness to sign and provide name and qualification].

(JjMP

. 'MKMtL CiMpiWTTl
 21

rORIA
Border Travel Permit
For travel between
T State

Government

UNITED ARAB EMIRATES -

TOORAK

Date of travel Date of issue

05/01/2022 22:27 02/01/2022 AEDT

This permit is valid for 14 days from the date of entry into Victoria and can only be used
for a single trip.
For oflicial use Only Authorised officers can scan this code

People travelling Restriction status

novak djokovic I am an international arrival

Contact Details Vaccination status

I'm fully vaccinated or have a medical exemption

Home address Destination

Origin Destination Contact

airport Melbourne
UNITED ARAB EMIRATES

I declare I comply with the conditions below. If I am travelling with dependants below 12 years and 2 months of age, I declare they comply too.

Where I've been

• I am entering Victoria and have been in another country in the past 14 days.

My health

o fully vaccinated against COVID-19, or have a medical exemption trom vaccination, or

o above 12 years and 2 months and below 18 years of age and not fully vaccinated against COVID-19 (and do not have a medical exemption from vaccination) and
I am:
■ travelling with at least one parent or guardian who is fully vaccinated against COVID-19 or has a medical exemption from vaccination, or
■ travelling without a parent or guardian, or
■ below 12 years and 2 months of age and travelling without a parent or guardian
• I understand that children below 12 years and 2 months of age do not need to be vaccinated

When I'm travelling

• I will carry this permit, evidence of my vaccination status or medical exemption from vaccination, proof of my ID and home address for 14 days after arriving in Australia
• l will show them to an Authorised Officer, Victoria Police, or Protective Services Officer (or other person as directed) if asked.

Keeping safe

• If I am entering Victoria from another Australian state or territory, I will comply with all remaining requirements that are applicable relative to the time I arrived in Australia.
• I will get a polymerase chain reaction (PCR) or rapid antigen (RA) test:
o within 24 hours of entering Victoria, if I arrive in Victoria within 24 hours of arriving in Australia and have not already taken a test during this time; and
o between days 5-7 after arriving in Australia.
• After arriving in Victoria, I will travel immediately and directly to a premises where I will quarantine until I receive a negative result from the COVID-19 test taken within 24
hours of entering Victoria.
• While transiting to the premises I will only leave my vehicle to:
o seek medical care or medical supplies
o use a restroom
o pay for fuel
o purchase essential items, or takeaway food or drink
• If I leave my vehicle I will
o wear a face covering at all limes (unless an exception applies)
o minimise contact with other persons and practice physical distancing
o keep a detailed record of all places I slop.
• I will remain in quarantine unlil I receive a negative result from the COVID 19 test taken within 24 hours of entering Victoria, unless:
o obtaining medical care or medical supplies
o getting a COVID-19 PCR or RA test
o in an emergency
 o required by law 22
o leaving Vicloria.
• While in quarantine I won't share bedrooms, bathrooms or any other facilities with people outside my travelling party.
• For 14 days after arriving in Australia, I will carry evidence of my negative COVID-19 test results and show them to an Authorised Officer, Victoria Police, or Protective
Services Officer (or other person as directed) if asked.
• I will comply with all pandemic orders issued by Victoria's Minister for Health.
• I’ll monitor myself for COVID-19 symptoms and gel tested if they appear.
• If I am 12 years and 2 months of age or older and fully vaccinated I will also:
o not visit a school, childcare or early childhood service, aged care residential facility, disability care facility or hospital (other than to receive emergency medical
care) until 7 days have passed since my arrival in Australia unless:
■ I have received a negative result from a PCR test taken within 24 hours of visiting the setting; or
■ I have received a negative result from a RA test taken on the day of visiting the setting.
• If I am 18 years or older and have a medical exemption from vaccination, I will also:
o not visit a school, childcare or early childhood service, aged care residential facility, disability care facility or hospital (other than to receive emergency medical
care) in Victoria until 14 days have passed since my arrival in Australia.
• If I am above 12 years and 2 months and below 18 years of age and have a medical exemption from vaccination, I will also:
o not attend a school in Victoria until 7 days have passed since my arrival in Australia and I have received a negative result from my COVID-19 test taken between
'days 5-7 after arriving in Australia
o not visit a childcare or early childhood service, aged care residential facility, disability care facility or hospital (other than to receive emergency medical care) in
Victoria for 14 days after arriving in Australia.
• If I am above 12 years and 2 months and below 18 years of age and not fully vaccinated and do not have a medical exemption from vaccination, I will also:
o travel immediately and directly to my normal residence (or other suitable premises), and quarantine there until 7 days have passed since my arrival in Australia
o not leave quarantine except to obtain medical care, for COVID-19 testing, in an emergency, if required by law, or to leave Victoria
o not share bedrooms, bathrooms or any other facilities with people outside my travelling party
o not attend a school until 7 days have passed since my arrival in Australia and I have received a negative result from my COVID-19 test taken between days 5-7
after arriving in Australia
o not visit a childcare or early childhood service, aged care residential facility, disability care facility or hospital (other than to receive emergency or medical care) in
Victoria until 14 days have passed since my arrival in Australia,
o wear a face covering at all times (unless a lawful reason applies not to), if I leave quarantine for any permitted reason.
• If I am below 12 years and 2 months of age, I will also:
o not attend a school until 7 days have passed since my arrival in Australia and I have received a negative result from my COVID-19 lest taken between days 5-7
after arriving in Australia
o not visit a childcare or early childhood service, aged care residential facility, disability care facility or hospital (other than to receive emergency or medical care) in
Victoria until 14 days have passed since my arrival in Australia.

About this international passenger arrivals permit

• I understand I need a new permit after each time I have been overseas to enter Victoria.

I declare all information I've given in this application is true and correct.

There are more than 200 testing locations across Victoria, find one near your home.
 23

This is the document referred to as ND-7 in the affidavit of Novak Djokovic sworn/affirmed at

Melbourne on 1 ^ J/ before me i la.cL /L __________

1/OzZ J

[witness to sign and provide name and qualification].

1 tl\CUeiOIUID>CfiTTl
P^jVciMcU^ h'rAch-hOnU'
 Form
Notice of intention to consider cancellation
Australian Government
under section 116 of the Migration Act 1958
(For use in immigration clearance)
1111
Department of Home Affairs

All parts to be completed by an officer of the Department.

Please open this form using Adobe Acrobat Reader. Office use only
Either type (in English) in the fields provided or print this form 90470082110
ICSE Client ID
and complete it (in English) using a pen and BLOCK LETTERS.
Tick where applicable 0

Part A-Notice of intention to consider Please refer to reverse of pages 1,2 and 3 for reference to the relevant
legislation.
cancelling a visa Where the Minister can cancel a visa under subsection 116(1) of the
Act, the Minister must do so if there exist prescribed circumstances in
1 Full name which the visa must be cancelled (see subsection 116(3) of the Act and
Family name the prescribed circumstances' in subregulation 2.43(2) of the Migration
DJOKOVIC Regulations 1994) - refer to reverse of page 3.
Include the specifics (particulars) of the ground and the information
Given names because of which the ground appears to exist.
Novak See attachment A

2 Sex Male 0 Female Q Indeterminate /1 I

Intersex / Unspecified

Day Month Year

3 Date of birth

4 Nationality' SERBIA

5 Country of birth SERBIA

6 Possible grounds for cancellation

(include disclosable adverse information given by third parties)
It has come to my attention, as a delegate of the Minister for Home
Affairs and Minister for Immigration and Border Protection, that there
appear to be a ground for cancellation of your
Day Month Yeai

subclass GG408 visa granted on 18-Nov-202i

under section 116 of the Migration Act 1958, relying on a ground at:
□ s116(1)(a)
□ si 16(1)(aa)
[j s116(1)(b) because it appears that you have not complied with
condition ______________
(Refer to reverse of pages 4, 5,6 and front and reverse of page 7
for details of conditions)
□ s116(1)(c) ___________
I | s116(1)(d) because a ground appears to exist at
(Enter relevant ground here - $101, s102, si 03, s104 or si 05)
0 s116(1)(e) (i)0 (il) □
□ s116(1)(f)
□ s116(1)(fa) 0) □ (ii) □
j j si 16(1)(g) because a ground appears to exist at

Reg 2.43(1)

| | other
COMMONWEALTH OF AUSTRALIA. 2021 1111 (Design oale 12/21) • Pegs 1
 25
(3) It the Minister may cancel a visa under subsection (l), (1 AA), (1AB) or (1 AC),
Cancellation of visa under section 116 of the Minister must do so if there exist prescribed circumstances in which a
visa must be cancelled.
the Migration Act
Reg 2.43
S 116
0) For the purposes of paragraph 116(1 )(g) of the Act (which deals with
(1) Subject to subsections (2) and (3), the Minister may cancel a visa it he or
she is satisfied that: circumstances in which the Minister may cancel a visa), the grounds
prescribed are the following:
(a) the decision to grant tire visa was based, wholly or partly, on a particular i
fact or circumstance that is no longer the case or that no longer exists; or j (a) that the Foreign Minister has personally determined that:
(i) in Hie case ol a visa other than a relevant visa - the holder of the
(aa) the decision to grant the visa was based, wholly or partly, on the existence j
visa is a person whose presence in Australia:
ol a particular fact or circumstance, and that fact or circumstance did not
exist; or (A) is. or would be, contrary to Australia’s foreign policy interests: or
(b) its holder lias not complied with a condition of the visa, or (B) may be directly or indirectly associated with the proliferation
(c) another person required to comply with a condition of the visa has not ol weapons of mass destruction; or
complied with that condition; or (ii) in the case ot a relevant visa - (he holder of the visa is a person
(d) if its holder has not enteied Australia or has so entered but lias not whose presence in Australia may be directly or indirectly
associated with the proliferation of weapons of mass destruction:
been immigration cleared - it would be liable to be cancelled unoer
Subdivision C (incorrect information given by holder) if its holder had so ! (aa) in (he case of a person who is the holder of a visa other than a relevant
entered and been immigration cleared: or visa, the person.
(e) the presence of its holder in Australia is or may be. or would or might (i) is declar ed under paragraph 6(1 )(b) or (2)(b) of the Autonomous
be, a risk to. Sanctions Regulations 2011 for the purpose of preventing the
(i) the health, safety or good order of the Australian community or a person from travelling to. entering or remaining in Australia; and
segment of the Australian community; or (ii) is not a person for whom the Foreign Minister has waived the
(ii) the health 01 safety of an individual or individuals; or operation of the declaration in accordance with regulation 19 of
the Autonomous Sanctions Regulations 2011:
(f) the visa should not have been granted because the application for it. or
its grant was in contravention of this Act or of another law of the (b) that the holder of the visa has been assessed by the Australian Security
Intelligence Organisation to be directly or indirectly a risk to security,
Commonwealth; or
within the meaning of section 4 of the Australian Security Intelligence
(fa) in the case of a student visa: Organisation Act 1979;
(i) its holder is not, or is likely not to be, a genuine student; or (e) in the case ol:
(ii) its holder lias engaged, is engaging, or is likely to engage, while in (i) the holder of an Electronic Travel Authority (Class UD) visa who is
Australia, in conduct (including omissions) not contemplated by the under 18; or
visa; or
(iii) the holder of a Tourist (Class TR) visa, that was applied for using
(g) a prescribed ground for cancelling a visa applies to the holder. form 601E, who is under 18; or
(IAA) Subject to subsections (2) and (3), the Minister may cancel a visa if he or (iv) the holder of a Visitor (Class TV) visa who is under 18; or
she is not satisfied as to the visa holder's identity.
(iva) the holder ot a Subclass 600 (Visitor) visa in the Tourist stream,
(IAB) Subject to subsections (2) and (3), the Minister may cancel a visa (the that was applied for using form 1419 (Internet), who is under 18,
current visa) if he or she is satisfied that: that either :
(a) incorrect information was given, by or on behalf of the person who holds (v) both ot the following apply:
the current visa, to:
(A) the law of the visa holder’s home country did not permit the
(i) an officer; or removal ol the visa holder,
(ii) an authorised system: or (B) at least 1 of the persons who could lawfully determine where
(iii) the Minister: or the additional applicant is to live did not consent to the grant
(iv) any other person, or a tribunal, performing a function or purpose of the visa; or
under this Act; or (vi) the grant of the visa was inconsistent with any Australian child
(v) any other person oi body performing a function or purpose in an order in force in relation to the visa holder;
administrative process that occurred or occurs in relation to this ; (eaj in the case of a Subclass 601 (Electronic Travel Aulhority) visa - that,
Act; and despite Ihe grant ol the visa, the Minister is satisfied thal the visa holder:
(b) the incorrect information was taken into account in, or in connection (i) did not have, at the time of the grant of Ihe visa, an intention only
with, making: to stay m, or visit, Australia temporarily for the tourism or business
(i) a decision that enabled the person to make a valid application for purposes for which the visa was granted; or
a visa; or (ii) has ceased to have that intention:
(ii) a decision to grant a visa to the person; and (f) in the case of:
(c) the giving of the incorrect information is not covered by Subdivision C. (i) the holder of an Electronic Travel Authority (Class UD) visa who is
This subsection applies whenever the incorrect information was given and ; under 18 and is not accompanied by his or her parent or guardian; oi
whether the visa referred to in subparagraph (b)(i) or (ii) is the current visa or j (iii) the holder of a Tomisl (Class TR) visa, thal was applieo for using
a previous visa that the person held. form 601E, who:
(IAC) Subject to subsections (2) and (3). the Minister may cancel a visa (the (A) is under 18: and
current visa) if tie or she is satisfied that: (Bi is not accompanied by his or hei parent oi guardian; or
(a) a benefit was asked for or received by. or on behalf of, the person (the (iv) the holder ol a Visitor (Class TV) visa who is under 18 and is not
visa holder) who holds the cuirent visa from another person in return accompanied by his or her parent or guardian; or
for the occurrence of a sponsorship-ielated event; or
(v) the holder of a Subclass 600 (Visitor) visa in Ihe Tourist stream, that
(b) a benefit was offered or provided by. oi on behalf of, the person (the was applied for using form 1419 (Internet), who is under 18 and is
visa holder) who holds the current visa to another person in return for ■ no! accompanied by his or hei parent or guardian;
the occurrence of a sponsorship-related event.
that the holder of (ha! visa ooes not have adequate funds, oi adequate
(i AD) Subsection (1 AC; applies: arrangement have not been made, for the holder’s maintenance, support
(a) whether or not the visa holder held the current visa or any previous visa and general welfare during the holder's proposed visil in Australia:
at the time the benefit was asked tor, received, offered or provided; and (g) in the case of a temporary visa held by a person other than a visa
(b; whether or not the sponsorship-related event relates to the current visa holder mentioned in paragraph (h) - that the visa holder asks the
or any previous visa that the visa holder held: and Minister, in writing, to cancel the visa;
tc) whether or not the sponsorship-related event occurred (h) in the case of a temporary visa heid by a person who is under the age
(1A) The regulations may prescribe matters to which the Minister may have of 18 years and is not a spouse, a former spouse or engaged to be
regard in determining whether he or she is satisfied as mentioned in married - that
paragraph ll)(fa). Such regulations do not limit the matters to which the (i) a person who is at least 18 years of age, and who can iawfully
Minister may have regard for that purpose. determine where the visa holder is to live, asks the Minister in
(2) The Minister is not to cancel a visa under subsection (1), (1 AA), (1A8) or writing, to cancel the visa: and
It AC) if there exist prescribed circumstances in which a visa is not to be
cancelled. Continued on reverse of page 2 ►
<. COMMOwtALlH Of AUS1&AUA. 20'r • 111 jussigr. datt ? 2'21 ■ ft ^ i

•■’Try-j'KY^Trfr’J'
 26
Department ol Home Affairs

Part A - Notice ofintention to consider cancelling a visa (continued)

7 Opportunity to comment 9 Delegate's details

The Migration Act 1958 gives you the opportunity to comment on the
intention to consider cancellation of your visa and to give reasons why Signature
your visa should not be cancelled. Your comments could include: of officer
• why grounds for cancellation do nof exist; or
• why your visa should not be cancelled. Name
You are invited to provide your comments at interview.
Day Month Year Position number 60063579
Interview will be held on DC. ci Day Monlh Year

Date 06-Jan-2022 Time

Beginning at 9:15
At the following location 10 Visa holder’s signature to acknowledge that this notice has been received

If you choose not to comment, the delegate may make his/her decision Refusal to acknowledge receipt of this notice will not prevent the
based on the information available to them. delegate from making a decision on whether to cancel your visa.
If your visa is cancelled you may be refused immigration clearance.
You may also be detained and removed from Australia as an unlawful Signature of Dy r\c\~ '
non-citizen under s189 of the Migration Act 1958. The visas of any visa holder £j) '
dependants may also be cancelled.
Day Monlh Year
If your visa is cancelled, you may become subject to an exclusion period.
If you are subject to an exclusion period as a result of a visa Date 06 Ton -Time 4
cancellation, you may be prevented from being granted various types of
visas for a period of up to 3 years. You may also be prevented from
making a valid application for certain classes of visa while in Australia. 11 Interpreter details

If a decision is made not to cancel your visa you will be immigration

cleared and allowed to enter Australia. Signature of
interpreter
Except in the case of consideration of cancellation of a visa under
Reg 2.43(2), factors the delegate may take into consideration in making
a decision whether to cancel your visa include (but are not limited to) the
following: Date
• the purpose of your travel to Australia;
TIS number
• extent of compliance with the conditions of your visa;
• the degree of hardship which may be caused to you or your family
(Note: As per the Convention on the Rights of the Child, the best
interests of any child in Australia under 18 years of age will be
considered);
• the circumstances in which the ground for cancellation arose;
• your behaviour in relation to the Department, now and on any
previous occasion;
• whether there are mandatory legal consequences to a cancellation
decision.

8 Disclosure of information
Note: The Privacy Act protects information you give in this interview.
For more information, see the reverse of pages 3 and 4.

S’ COMMONWEALTH Of AUSTRALIA 2021 ‘in [Design dare '.2/?'I - Page 2

 27

Cancellation of visa under section 116 of (I) in the case of the holder of a Subclass 457 (Temporary Work (Skilled))
visa or a Subclass 482 (Temporary Skill Shortage) visa who is a primary
the Migration Act (continued) sponsored person in relation to a person who is. or was, a standard
business sponsor or party to a labour agreement (the spo/isoi) - that:
(ii) the sponsor has given false or misleading information to the
(ii) the Minister is satisfied that there is no compelling reason to Department or the Administrative Appeals Tribunal: or
believe that the cancellation of the visa would not be in the best
interests of the visa holder; (iii) the sponsor has failed to satisfy a sponsorship obligation; or
(i) in the case of the holder of: (iv) the sponsor has been cancelled or barred under section 140M of
the Act; or
(i) a Subclass 456 (Business (Short Stay)) visa; or
(v) the labour agreement has been terminated, has been suspended
(ia) a Subclass 459 (Sponsored Business Visitor (Short Stay)) visa; or oi has ceased;
(ib) a Subclass 600 (Visitor) visa in the Business Visitor stream; or (lc) in Ihe case of a holder of:
(ii) a Subclass 956 (Electronic Travel Authority (Business Entrant (i) a Subclass 401 (Temporary Woi k (Long Stay Activity)) visa; or
- Long Validity)) visa; or
(ia) a Subclass 402 (Training and Research) visa; or
(iii) a Subclass 977 (Electronic Travel Authority (Business Entrant
- Short Validity)) visa - (ib) a Subclass 407 (Training) visa: or
that, despite the grant of the visa, the Minister is satisfied that the visa (ic) a Subclass 408 (Temporary Activity) visa: or
holder did not have, at the time of the grant of the visa, or has ceased (iii) a Subclass 416 (Special Program) visa; or
to have, an intention only to stay in, or visit, Australia temporarily for (xi) a Subclass 488 (Superyacht Crew) visa;
business purposes; who is a primary' sponsored person in relation to a person who is or was
(ia) in the case of a holder ol: an approved sponsor - that 1 of the grounds specified in subregulation
(i) a Subclass 400 (Temporary Work (Short Stay Specialist)) visa: or (1B) is met,
(ia) a Subclass 401 (Temporary Work (Long Stay Activity)) visa; or (ld) in the case of a holder of:
(ib) a Subclass 402 (Training and Research) visa, or (i) a Subclass 401 (Temporary Work (Long Stay Activity')); or
(ic) a Subclass 403 (Temporary Work (International Relations)) visa; or (ia) a Subclass 402 (Training and Research) visa; or
(id) a Subclass 407 (Training) visa: or (ib) a Subclass 407 (Training) visa; or
(ie) a Subclass 408 (Temporary Activity) visa; or (iii) a Subclass 420 (Entertainment) visa; or
(iii) a Subclass 416 (Special Programme) visa: or (ix) a Subclass 457 (Temporary Work (Skilled)) visa: or
(v) a Subclass 420 (Entertainment) visa: or (x) a Subclass 482 (Temporary Skill Shortage) visa;
(xi) a Subclass 488 (Superyacht Crew) visa; who is a secondary' sponsored person in relation to a person who is or was
that the grounds in subregulation (1 A) are met; or an approved sponsor - that the person who is or was an approved sponsor
ol the primary sponsoied person to whom (tie secondary sponsored person
(j) in the case of the holder of: is related has not listeo the secondary sponsored person in the latest
(i) a Subclass 600 (Visitor) visa that is not in the Business Visitor nomination in which the primary sponsored person is identified:
stream or the Frequent Traveller stream; or (le) in the case of a holder of:
(ii) a Subclass 676 (Tourist) visa; or (i) a Subclass 401 (Temporary Work (Long Stay Activity)) visa; or
(iii) a Subclass 679 (Sponsored Family Visitor) visa; (ia) a Subclass 408 (Temporary Activity) visa granted on the basis that
that, despite the grant of the visa, the Minister is satisfied that the visa the primary sponsored person satisfied the criteria in clause 408.223
holder did not have, at the time of the grant of the visa, or has ceased (religious worker) or 408.224 (domestic worker) of Schedule 2; or
to have, an intention only to visit, or remain in, Australia as a visitor (ivj a Subclass 457 (Temporary Work (Skilled)) visa: cr
temporarily for the purpose of visiting an Australian citizen, or Australian
(v) a Subclass 482 (Temporary Skill Shortage) visa,
permanenl resident, who is a parent, spouse, de facto partner child,
brother or sister of the visa holder or for another purpose, other ihan a who is a primary sponsored person or a secondary sponsored person in
purpose related to business or medical treatment; relation to a person who is or was an approved sponsor - that the
(ja) in the case of the holder of a Subclass 600 (Visitor) visa in the Frequent person who is or was an approved sponsor has paid the return travel
Traveller stream - that, despite the grant of the visa, tne Minister is costs ot the holder in accordance with the sponsorship obligation
mentioned in regulation 2.80 or 2.80A;
satisfied that the visa hoidei did not have, at the time of the grant of the
visa, or has ceased to have, an intention only to visit, or remain in, imi that the Minister reasonably suspects that the holder of the visa has
Australia as a tourist or to engage in a business visitor activity; committed an offence under section 232A, 233,233A, 234 or 236 of Ihe Act:
(k) in the case of the holder of a Subclass 976 (Electronic Travel Authority (n) that:
(Visitor)) visa - that, despite the giant of the visa, the Minister is (i) a certificate is in force under paragraph 271(1){l) ot the Act, stating
satisfied that the visa holder did not have, at the time of the grant of the that a computer programme was not functioning correctly: and
visa, or has ceased to have, an intention only to visit Australia (ii) both of the following apply:
temporarily for tourism purposes, (A) the visa was granted at the time, or during the period, that is
(ka) in the case of a holder of a Subclass 651 (eVisitor) visa - that, despite specified in the certificate:
the grant of the visa, the Minister is satisfied that the visa holder did hot (B) the grant of the visa is an outcome from the operation of tnat
have, a! the time ol the grant ot the visa, or has ceased to have, an programme, under an arrangement made under subsection
intention only to stay in, or visit. Australia temporarily for the tourism or 495A(1) of the Act, that is specified in the certificate:
business purposes for which the visa was granted: (na) the holder of the visa provided a digital passenger declaration of a kind
(kb) in the case of the holder of Subclass 457 (Temporary Work (Skilled)) visa referred to in paragraph 3.03AB(1)(a) (other than a digital passenger
that was gianted on the basis that the applicant met the requirements of declaration that was withdrawn before the time referred to in paragraph
subregulation 457.223(4) (as in force before 18 March 20'8) - that, 3.03AB(D(b)) and either or both of the following apply
despite the grant of the visa, the Minister is satisfied that: (i) the digital passenger declaration was incorrect at the time it was
(i) the holder did not have a genuine intention to perfoim the provided:
occupation mentioned in paragraph 457.223(4)(d) (as in force (ii) the holder, or a person in charge ot the holder on the relevant
before 18 March 2018) at the time of grant of the visa: or flight or voyage, has provided incorrect information in relation to
(ii) the holder has ceased to have a genuine intention to perform that the digital passenger declaration;
occupation; or (o) that the Minister reasonably suspects that the visa has been obtained
(iii) the position associated with the nominated occupation is not as a result of the fraudulent conduct of any person.
genuine; (oa) in the case ot the holder of a temporary visa (other than a Subclass 050
(kc) m the case of the holder of a Subclass 482 (Temporary Skiil Shortage) (Bridging (General)) visa, a Subclass 051 (Bridging (Protaction Visa
visa in the Short-term stream, Medium-term stream or Labour Agreement Applicant)) visa or a Subclass 444 (Special Category) visa) - that the
stream - that, despite the grant of the visa, the Minister is satisfied that; Minister is satisfied that the holder has been convicted of an offence
(i) the holder did not have a genuine intention at the time of granl of against a law of the Commonwealth, a State or Territory (whether or no!
the visa to perform the occupation mentioned in subclause the holder held the visa at the time ot the conviction and regaidless of
432.212(2) of Schedule 2. or the penalty imposed (if any)).
(ii) the holder has ceased to have a genuine intention to perform that
occupation: or
(iii) the position associated with that occupation is not genuine. Continued on reverse of page 3 ►
. *n.1H O'- AOSlfcALW. ■ m lOssiyi oj’= i - Pay;;
 JL’
28

Australian
BORDER FORCE

ATTACHMENT A (Part A)

You have arrived at Melbourne Airport as the holder of a subclass GG408 (Temporary Activity) visa. This visa
allows entry into Australia to Participate in Australia Open Tennis Tournament.

During an interview with an Australian Border Force (ABF) officer, you have stated you are not vaccinated
against COVID-19. You have also provided a copy of a medical exemption issued by Tennis Australia. This
medical exemption was issued on the grounds that you have recently recovered from COVID-19.
Under the Biosecurity Act 2015, there are requirements for entry into Australian territory. These
requirements include that international travellers make a declaration as to their vaccination status
(vaccinated, unvaccinated, or medically contraindicated). Travellers may make a declaration that they have a
medical contraindication and must provide evidence of that medical contraindication provided by their
medical practitioner. Previous infection with COVID-19 is not considered a medical contraindication for
COVID-19 vaccination in Australia.

A copy of the relevant section of the Biosecurity Act 2015 is attached for your reference.
The information you have provided does not show a medical contraindication to COVID-19 vaccines or
evidence of that provided by a medical practitioner.

Unvaccinated persons create a greater health risk of contracting COVID-19 and spreading COVID-19 to
others, either of which will further burden the Australian health system. Ensuring unvaccinated persons do
not enter Australia is a key mechanism through which the Australian Government has slowed the spread of
COVID-19 within the Australian community.

All visa holders, whether permanent or temporary are expected to abide by all public health directives issued
by both Commonwealth and state and territory jurisdictions. A breach of these directions is considered a
potential risk to the health, safety or good order of the Australian community.

Subject to Section 116(1) of the Migration Act 1958, the Minister may cancel a visa if he or she is satisfied
that:
(e) the presence of its holder in Australia is or may be, or would or might be, a risk to:
(i) the health, safety or good order of the Australian community or a segment of the Australian community

Based on the above information, I am satisfied there appears to be a ground to consider cancelling your
subclass GG-408 visa, due to you presenting a risk to the health, safety or good order of the Australian
community or a segment of the Australian community. The ground is that, the Minister may cancel a visa if
he or she is satisfied that:... if its holder has not entered Australia or has so entered but has not been
immigration cleared - it would be liable to be cancelled under Section 116(l)(e)(i) of the Migration Act 1958.
 29

Biosecurity Act 2015 reference:

(3) For the purposes of paragraph (2)(a), the declaration is a declaration of which of the following
paragraphs apply to the individual:
(a) the individual:
(i) has received a course of vaccinations with one or more accepted
COVID-19 vaccines in accordance with a schedule for receiving that course of
vaccinations that is accepted by the Therapeutic Goods Administration; and
(ii) received the last vaccination in the course of vaccinations at least
7 days before the day the relevant international flight was scheduled to commence;
and
(iii) can produce evidence of the matters mentioned in
subparagraphs (i) and (ii);
(b) the individual:
(i) has a medical contraindication to COVID-19 vaccines; and
(ii) can produce evidence provided by a medical practitioner of the
matter mentioned in subparagraph (i);
(c) neither paragraph (a) nor (b) applies to the individual.
 30
Department of Home Affairs

Decision

Office use only

ICSE Client ID 90470082110

Part B - Record ofdecision whether to Grounds for cancellation

Provide a summary of why the visa holdet considers the
cancel visa GROUNDS for cancellation DO or DO NOT exist
Mr. DJOKOVIC stated the grounds do not exist and that
1 Full name
he is surprised the Commonwealth Government had
Family name insufficient information, because his medical exemption
DJOKOVIC___________ was granted by an Independent Expert Medical Review
panel CommissionedTiy Tennis Austrafrat
Given names
Mr. DJOKOVIC stated he had provided all medical
Novak
reports to Tennis Austialia, including Ins PCR lest tcpuils
from 16 Dec 2021 and 21 Dec 2021.

2
reports to Tennis Australia and Independent Expert
Medical Review panel.
3 Current visa details
Day Month Year

subclass GG408 visa granted on 18-Nov-2021

4 Visa holder's response ............... i

The visa holder received the notice of intention to consider cancelling
the visa at: (Insert time and date from item 10 Part A)
Day Month Year
4:11 06-Jun-2022
The visa holder:
DID NOT RESPOND OR ADVISED THEY
DID NOT WISH TO RESPOND to the
notice of intention to consider
cancelling the visa | [► Go to Question 6
RESPONDED to the notice of intention
to consider cancelling the visa [✓] y Give details at
Question 5 and/or
Question 8

5 Time interview commenced

(This should be a reasonable period after the time at Question 4)
Day Month Year
06:07 06-Jan-2022

© COMMONWEALTH OF AUSTRALIA 202! nil (Design oatt i 2/211 - Page 3

 31
(1 A) For paragraph d)(ia), the grounds are that, despite the grant of the visa, the
Cancellation of visa under section 116 of Minister is satisfied that the visa holder did not have at the time of grant of
the Migration Act (continued) the visa, or has ceased to have, a genuine intention to slay temporarily in
Australia to carry out the work or activity in relation to which:
(a) the visa holder's visa was granted: or
(ob) in the case of the holder of a temporary visa (other than a Subclass 050
(b) if the visa holder is identified in a. nomination after the visa is granted
(Bridging (General)) visa, a Subclass 051 (Bridging (Protection Visa
- the visa holder ms identified in a nomination
Applicant)) visa or a Subclass 444 (Special Category) visa) - that the
Minister is satisfied that the holder is the subject of a notice (however (IB) For paragraph d)(lc), the grounds are the following.
described) issued by Interpol lor the purpose of providing a warning or (a) the approval of the person as a sponsor has been cancelled, or the
intelligence that. approved sponsor has been b3rred. under section 140M of the Act:
(i) the holder has committed an offence against a law of another (c) if the primary sponsored person is required to be identified in a
country and is likely to commit a similar offence; or nomination - the criteria for approval of the latest nomination in which
(ii) the holder is a serious and immediate threat to public safety; the primary sponsored person is identified are no longer met;
(p) in the case of the holder of a Subclass 050 (Bridging (General)) visa or a (cl) the person who is or was an approved sponsor has failed to satisfy a
Subclass 051 (Bridging (Protection Visa Applicant)) visa - that the sponsorship obligation.
Minister is satisfied that the holdei: (IC) For subsection 116r1 A) of the Act. the Minister may have regard to the
(i) has been convicted ol an offence against a law of the matter mentioned in subreguiation (ID) in determining whether he or she is
Commonwealth, a State, a Territory or another country (other than satisfied as mentioned in paragraph 116(l)(fa) of the Act.
if the conviction resulted in the holder's last substantive visa being (ID) For subregulalion (1C). the matter is that participation in a course of study
cancelled under paragraph (oa)): or by the holder of a student visa has been deferred or temporarily suspended
(ii) has been charged with an offence against a law of the by the provider of the course of study:
Commonwealth, a State, a Territory or another country; or (a) because of the conduct of the holder; or
(iii) is the subject of a notice (however described) issued by Interpol for (b) because of the circumstances of the holder, other than compassionate
the purposes of locating the holder or arresting the holder; or or compelling circumstances: or
(iv) is the subject of a notice (however described) issued by Interpol lor (c) because of compassionate or compelling circumstances of the holder, if
the purpose of providing either or both ol a warning or intelligence the Minister is satisfied that the circumstances have ceased to exist; or
that the holdei; (d) on the basis of evidence or a document given to the provider about the
(A) has committed an offence against a law of another country; and holder's circumstances, if the Minister is satisfied that the evidence or
(B) is likely to commit a similar offence; or document is fraudulent or misrepresents the holder’s circumstances.
(v) is the subject of a notice (however described) issued by Interpol for (2) For subsection 116(3) of the Act, the circumstances in which the Minister
the purpose of providing a warning that the holder is a serious and must cancel a visa are:
immediate threat to public safety; (a) in the case of a visa other than a relevant visa - each of the
(q) in the case of the holder of a Subclass 050 (Bridging (General)) visa or a circumstances comprising the grounds set out in:
Subclass 051 (Bridging (Protection Visa Applicant)) visa - that: (i) sub-subparagraphs (1 )(a)(i)(A) arid (B); and
(i) an agency responsible for the regulation of law enforcement or (ii) paragraph (1 )(aa); and
security in Australia has advised the Minister that the holder is (iii) paragraph (1)(b); and
under investigation by that agency; and (aai in the case of a relevant visa - the circumstance comprising the
(ii) the head of that agency has advised the Minister that the holder grounds set out in subparagraph (l)(a)(ii).
should not hold a Subclass 050 (Bridging (General)) visa or a (3) In this regulation:
Subclass 051 (Bridging (Protection Visa Applicant)) visa; relevant visa means a visa of any of the following subclasses
(r) in the case of the holder of a Subclass 771 (Transit) visa - lhat. despite (aa) Subclass 050 Subclass 204;
the grant of the visa, (lie Minister reasonably suspects that the holdei of (aaa) Subclass 070 Subclass 449;
the visa: (a) Subclass 200 Subclass 785. including a Subclass 785 visa
(i) did not have, at the time of the grant of the visa, an intention to (b) Subclass 201 granted before 2 December 2013;
transit Australia; or
(c) Subclass 202 Subclass 786;
(ii) lias ceased to have that intention.
(s) in the case of a holder of:
(d) Subclass 203 to Subclass 866.
(i) a Subclass 400 (Temporary Work (Short Stay Specialist)) visa; or
(ii) a Subclass 403 (Temporary Woik (International Relations)) visa, or Important information about privacy
(in) a Subclass 407 Training) visa; or The persona! information you give in this interview is protected by law-, including
(iv) a Subclass 408 (Temporary Activity) visa; or the Privacy Act 1983. Important information about the collection, use and
disclosure (to other agencies and third parlies, including overseas entities) o! your
(v) a subclass 417 (Working Holiday) visa: or personal information, including sensitive information, can be found below, and is
(vii a Subclass 457 Temporary Work (Skilled)) visa; oi contained in form 1442i Privacy notice. Form 1442i is available from fhe
(vii) a Subclass 462 (Work and Holiday) visa; or Department's website www.homeaffairs.gov.au/allforms/ Oi offices of the
(viii) a Subclass 476 (Skilled—Recognised Graduate) visa; or Department. You should ensure that you read and understand the Piracy notice.
(ix) a Subclass 4S2 Temporary Skill Shortage) visa- or 5.1 At or before the time or. if that is not practicable as soon as practicable
(x) a Subclass 485 Temporary Graduate) visa: or after, an Australian Privacy Principles (APP) entity collects personal
(xi) a Subclass 500 (Student) visa; or information about an individual, the entity' must take such steps (it any) as
(xii) a Subclass 590 (Student Guardian) visa; or are reasonable in the circumstances:
(xiii) a Subclass 600 (Visitor) visa: or (a) lo notify the individual of such matters referred to in sub-clause 5.2 as
are reasonable in the circumstances: or
(xiv) a Subclass 601 (Electronic Tiavel Authority) visa: or
(b) to otherwise ensure that the individual is aware of any such matters.
(xv) a Subclass 651 (eVisitor) visa; oi
5 2 The matters lor the purposes of subclause 5.1 are as follows:
(xvi) a Subclass 676 Tourist) visa, or
tat the identity and contact details of the APP entity;
(xvii) a Subclass 771 Transit; visa, or
(b) if-
(xviii)a Subclass 988 (Maritime Crow) visa;
(i) the APP entity collects the personal information from someone
who is in Australia and who has not been immigration cleaied - that the other than the individual: or
Minister reasonably believes that Hie visa holder lias contravened
(ii) the individual may not be aware that the APP entity has collected
subsection 126(2), 128(2) 532(1) ot 533(1) of the BiosecurityAcl 2015: the personal information;
(b in tne case of the holder of a temporary visa - that the Minister
the fact that the entity so collects, cr has collected the information and
reasonably believes that the visa holder:
the circumstances of that collection;
(i) has imported goods to which regulation 4A oi the Customs
(c) if the collection o! the personal information is required oi authorised by
(P'ohibitea Imports) Regulations 1.956applies- and
or under an Australian law or a court/tribunal order—the fact that the
(ii) has not been granted a permission under subreguiation 4A(2) of collection is so required or authorised (including the name of the
those Regulations to import the goods. Australian law. or details oi the court/tritninal order, that requires or
authorises the collection);
Continued on reverse of page 4 >
. COM.OVWh* AljSiH'.UA as- &,<< -2 2ii- Wje 2 K--c.it
 32
Department of Home Affairs

Part B - Record ofdecision whether to cancel visa (continued)

6 Assessment 7 Details of the evidence and findings about why the delegate is satisfied
I am satisfied that there are: GROUNDS for cancellation DO EXIST

0 GROUNDS During interview, the visa holder stated he was not

vaccinaied"against C(TVID-19. TfrtrVTsa holder also
OR
j?xo.vid£d_a_c.Qpy ola me_di£ai^mplimi^.u^J?wXemiis__
□ NO GROUNDS ► Go to Question 11 Australia. This medical exemption was issued on the
~gnjun'ds“tlratthe~vis'a trotd erti asmemTriyTctrovered^'mr
for cancellation of the visa holder's visa under:
COVID-19. The visa holder stated he had received an
□ si 16(1)(a)
Australian Travel Declaration from the Department of
□ sl16(1)(aa)
I I si 16(1 )(b) because I am satisfied that you have not complied with Australia.
condition
(Refer to reverse of pages 4 5, 6 and front and reverse of page 7 entry' into Australian territory. These requirements include
for details of conditions) that international travellers make a declaration as to their
□ s116(1)(c) __________
contraindicated). Travellers may make a declaration that"
j j s116(1 )(d) because I am satisfied a ground exists at they have a medical contraindication and must provide
(Enter relevant ground here — s101, s102, s103, s104 or si 05)
0 si 16(1 )(e) (i) 0 (ii) □ medical practitioner. Previous infection with COVID-19
is not considered a medical contraindication for
□ si 16(1 )(f)
□ s116(1)(fa) (i)[J (ii) □
0 si 16(1 )(g) because I arn satisfied a ground exists at Unvaccinated persons create a greater health risk of
Reg 2.43(1) | contracting COVID-19 and spreading COVID-19 to
others, either of which will further burden the Australian
"health system. "Ensuring unvaccmated persons do not enter
| | other
Australia is a key mechanism through which the
Please refer to reverse of pages 1,2 and 3 for reference to the relevant Australian Government has slowed the spread of
legislation. ~clrV7 withimtherAustra 11aircommunity.------------------
Where the Minister can cancel a visa under subsection 116(1) of the
All visa holders, whether permanent or temporary are
Act, the Minister must do so if there exist prescribed circumstances in
which the visa must be cancelled (see subsection 116(3) of the Act and both Commonwealth and state and territory jurisdictions.
the ‘prescribed circumstances’ in subregulation 2.43(2) of the Migration A breach of these directions is considered a potential risk
Regulations 1994)- refer to reverse of page 3.
community.

Minister may cancel a visa if he or she is satisfied that:

(e) the presence of its holder in Australia is or may be, or
wnnlH nr might hp a riqlc try
(i) the health, safety or good order of the Australian
community-ur a segment of the Australian community

Based on the above information, I am satisfied there are

grounds to consider cancelling the visa holder ' s subclass

a visa if he or she is satisfied that:... if its holder has not

entered Australia or has so entered but has not been
TnnTngnrtiOTiTneared-- it would beliubteTo oencmmetred
under Section 1160)(e)(i) of the Migration Act 1958.

© COMMOfMSVUh OF AUSTRALIA. 20J! i i ’ 1 (Design dale > 2*211 - Page a

 33

(d) the purposes for which the APR entity collects the personal information, (3) the holder;
(e) the main consequences (if any) for the individual if all or some of the (ij must work only in the occupation listed in the most recently
personal information is not collected by the APR entity; approved nomination for the holder; and
(f) any other APP entity, body or person, or the types of any other APR (ii) unless the circumstances in subclause (3A) apply:
entities, bodies or persons, to which the APP entity usually discloses (A) must work only for the party to a labour agreement or
personal information of the kind collected by the entity: former party to a labour agreement who nominated the
(g) that the APP privacy policy of the APP entity contains information about holder in the most recently approved nomination: or
how the individual may access the personal information about Uie (B) if the sponsor is. or was, a standard business sponsor
individual that is held by lire entity and seek the correction of such who was lawfully operating a business in Australia at the
information; time ot the sponsor's approval as a standard business
(h) that the APP pi ivacy policy of the APP entity contains information about sponsor, or at the time of the last approval oi a variation
how the individual may complain about a breach of the Australian to the sponsor's term of approval as a standard business
Privacy Principles, or a registered APP code (if any) that binds the entity, sponsor - must work only in a position in the business ot
and how the entity will deal with such a complaint; the sponsor or an associated entity of the sponsor; or
(i) whether the APP entity is likely to disclose the personal information to (Q if the sponsor is or was a standard business sponsor who
overseas recipients; was not lawfully operating a business in Australia, and
(j) if the APP entity is likely to oisclose the personal information io overseas was lawfully operating a business outside Australia, at the
recipients -.the countries in which such recipients are likely to be time of Ihe sponsor’s approval as a standard business
located if it is practicable to specify those countries in the notification or sponsor, or at the time of the last approval of a variation
to otherwise make the individual aware of iliem. to the sponsor's term of approval as a standard business
sponsor - must work only in a position in the business of
the sponsor.
Visa conditions (aa) subject to paragraph (c), the holder must:
(i) if the holder was oulside Australia when Ihe visa was gi anted
8101 The holder must not engage in work in Australia. - commence work within 90 days after the holder’s arrival in
Australia; and
8102 The holder must not engage in work in Australia (other than in relation
(ii) if (he holder was in Australia when the visa was granted
to the holder's course o1 study or training).
- commence work within 90 days after the holder's visa was
8103 The holder must not receive salary in Australia without the peririission in granted; and
writing of the Secretary.
(b) if the holder ceases employment - ihe pei iod during which the holder
8104 (t) The holder must not engage in work for more than 40 hours a fortnight ceases employment must not exceed 60 consecutive days; and
while the holder is in Australia.
(c) it the holder is required to hold a licence, registration or
(2) II the holder is a member ol the family unit of a person who satisfies the membership that is mandatory to perform the occupation
primary criteria tor the grant of a student visa, the holder must not nominated in relation to the holder, in the location where the
engage in work in Australia until the person who satisfies the primary holder's position is situated - the holder;
criteria has commenced a course of study.
(i) must hold the licence, registration or membership while the
(3) If the course of study mentioned in subclause (2) is a registered course for holder is performing the occupation; and
the award of a masters or doctorate degree, then despite subclause (1),
(ii) if the holder was outside Australia when the visa was granted
the holder may engage in work lor more than 40 hours a fortnight while
- the holder must hold that licence, registration or
the holder is in Australia.
membership within 90 days after the holder's arrival in
(4) In this clause: Australia; and
fortnight means the period of 14 days commencing on a Monday. (lii) it the holder was in Australia when tne visa was granted - the
8105 (1 A) The holder must not engage in any work in Australia befoie the holder's i holder must hold that licence, registration or membership
course of study commences. within 90 days after the holders visa was granted: and
(1) Subject to subclause (2), the holder must not engage in work in (iv) must notify the Department, in writing as soon as practicable
Australia for more than 40 hours a fortnight during any fortnight when it an application tor the licence, registration or membership is
the holder's course of study or training is in session. refused; and
(2) Subclause (1) does not apply: (v) must comply vdth each condition or requirement to which Ihe
(a) to work that was specified as a requirement of the course when the licence, registration oi membership is subject: and
course particulars were entered in the Commonwealth Register ol ! rvi) must not engage in work that is inconsistent with the licence,
Institutions and Courses for Overseas Students, and registration or membership, including any conditions or
(b) in relation to a student visa if the holder has commenced tne requirements to which the licence, registration or membership
masters degree by research oi doctoral degree. is subject; and
(3) In this clause: (vii) must notify the Department in writing as soon as practicable
fortnight means the period of 14 days commencing on a Monday. it the licence, registration or membership ceases to be in
8106 The holder must engage in work in Australis only if the work is relevant force or is revoked or cancelled.
to the conduct of the business, or performance of the tasks, specified in (3A) For subparagraph (3) (a) (ii). the circumstances are that.
the visa application. (a) the holder's occupation is specified in an instrument in writing for
8107 (1) If the visa is not a visa mentioned in subclause (3) or (4). and was granted subparagraph 2.72(10)(e)(ii) or (iii) as in force before 18 March
to enable the holder to be employed in Australia the holder must not: 2018; oi
(ai cease to be employed by the employer in relation to which the visa ibj the holder is continuing to work for the sponsor, or the associated
was granted: or entity of the sponsor, for the purpose of fulfilling a requirement under
(b) work in a position or occupation inconsistent with the position or a law relating to industrial relations and relating io the giving ol notice.
occupation in relation to which the visa was granted: or (4) If the visa is:
(cl engage in work for another person or on the holder's own account while (a) a. Subclass 401 (Temporary Work (Long Stay Activity)) '/is?: or
undertaking the employment in relation to which the visa was granted. (I ■) a Suticlass 402 (Training and Research) visa: or
(2) If the visa is not a visa mentioned in subclause (3) or (4i. and (ha) a Subclass 420 (Temporary Work (Entertainment)) visa:
subclause (It does not apply, tbe holder must not- the holder must not:
0) cease to undertake the activity in relation to which tne visa was (c) cease to engage in the most recently nominated occupation
granted: or program or activity m relation to which the holder rs identified: or
(hi engage in an activity inconsistent with the activity in relation to (d) engage in work or an activity that is inconsistent with the most
which the visa was granted; or recently nominated occupation, program or activity in relation to
let engage in work lor another person or on the holder's own account which the holder is identified; or
inconsistent with the activity in relation to which the visa was granted. (e) engage in v/ork o; an activity for an employer other titan the
■ (3) If the visa is. or the last substantive visa held by the applicant was, a employer identified in accordance with paragraph 2.72A(7)(a) as in
Subclass 457 (Tempoiary Work (Skilled!) visa that was gianled on the force Defoie 19 Novembei 2016 (subject io subregulation 2.72(8)
basis that the holder me! the requirements of subclause 457.223(2) or (41 as in force before that day) m the most recent nomination in which
las in (orco before 18 March 2018k the holder is idemitied.
Continued on reverse of page 5 ►
: :y.t ou.vU, -h v i- si ■ '"I ixy.jy <u’c >2'2U r.i.>. *«»k
 34
Department of Home Affairs

Part B - Record ofdecision whether to cancel visa (continued)

8 Reasons the visa should not be cancelled Extent of compliance with visa conditions (whether the visa holder has
Provide a summary of the reasons the visa holder gave been generally compliant)
why their visa should not be cancelled The Visa holder has a compliant travel history, with no
The visa holder gave the following reasons the visa should evidence of non-compttMce with visa conditions.
Tiurb'e cancelled :
1 therefore lend this factor some weight in favour of not
The visa holder stated he had received an Medical cancelling the visa.
exemption from Tennis A us La Ira:

The visa holder stated he received his Australian Travel

The visa holder stated he provided all his medical

assessed by an Independent Expert Medical Review Panel

Commissioned by Tennis Australia.

9 Delegate’s assessment of the reasons the visa should not be cancelled.

Note: Not applicable to mandatory cancellation under Reg 2.43(2).
The degree of hardship which may be caused to the visa holder, their
Go to Question 11
family members and others, if the visa is cancelled. (Where applicable,
Purpose of travel to and stay in Australia (whether the visa holder has a the best interests of a child in Australia under 18 years must be
compelling need to travel to or remain in Australia) considered in accordance with Australia's obligations under the
The visa holder has stated on his IPC that his purpose of Convention on the Rights of the Child.)
TfavePicrAastrahai's Business. Furttemraiirth<rvrs"a The visa holder has made no specific claims regarding
holder stated he is travelling to Australia to participate in hardship in relation to potential visa cancellation, however
Australian Open. 1 acknowledge that the cancellation of his Subclass 408
visa will likely result in a reasonable level of
Base on the above, I consider the visa holder has a inconvenience and/or financial orcnrotiuiral hardship.
compelling need for travel to Australia and I assign
resonablc iti favour of'not c<niccllin^ tlic visci. Based on the above, I lend some weight in favour of not
cancelling-thc visa.

{■ COMMONWEALTH 0? AUSTRALIA. 2021 nil lOeagn3aie 12/211 • Page5

 35
(0 tias the written permission of the Minister io engage for more than
Visa conditions (continued) 3 months in any studies or training because of compelling and
compassionate circumstances
(5) If the visa is a Subclass 407 (Training) visa, the holder must nor 3 Subclass 685 (Medical Treatment (Long Slay)) visa in relation to which Ihe
(aj cease lo engage in the most recently nominated program in holder:
relation to which tiie holder is identified; or (a) is under 18; and
(b) engage in work or an activity that is inconsistent with the most (b) has experienced a change in circumstances while in Australia; and
recently nominated program in relation to which the holder is (c) has the written permission of the Minister to engage for more than
identified; or 3 months in any studies or training because of compelling and
(c) engage in work or an activity for an employer other than an compassionate circumstances
employer identified in accordance with paragraph 2.72A{8)fa) 8202 (1) Tne holder must be enrolled in a full-time course ol study or training if the
(subjecl lo subregulation 2.72A(9)) in the most recent nomination in holder is
which the holder is identified.
(a) a Defence Student; or
8108 The holder must not be employed in Australia by any 1 employer for more
than 3 months, without the prior permission in writing of the Secretary, (b) a Foreign Affairs student; or
8109 The holder must not change details ol times and places of engagements (c) a secondary exchange student.
specified in lire application to be undertaken in Australia during the visa (2) A holder not covered by subclause (1):
period, without the prior permission in writing of the Secretary. (a) must be enrolled in a full-time registered course; and
8110 The holder: (b) subject to subclause (3). must mainiain enrolment in a registered
(at must not engage in work in Australia except in the household of the course that, once completed, will provide a qualification from the
employer in relation lo whom the visa was granted; and Australian Qualifications Framework that is at the same level as. or
(b) must nol work in a position or occupation inconsistent with the at a higher level than, the registered course in relation to which the
position or occupation in relation fo which the visa was granted, visa was granted; and
and i (c) must ensure that neither of the following subparagraphs applies in
respect of a registered course undertaken by the holder:
(c) must not engage in work for another person or on the holder's own
account while undertaking the employment in relation io which Ihe (i) the education provider has certified the holder, for a registered
visa was granted and course undertaken by the holder, as not achieving satisfactory
(d) must riot cease lo be employed by the employer in relation to which course progiess for section 19 of the Education Services foi
the visa was granted, unless paragraph (e) applies; and Oversees Students Act 2000 and the relevant standard of the
national code made by the Education Minister under
(e) except with the written permission of the Foreign Minister, must not section 33 of (hat Act;
remain in Australia after the permanent departure of that employer,
(ii) the education provider lias certified the holder, for a registered
8111 The holder must not: course undertaken by the holder as not achieving satisfactory
(a) perform woik in Australia except in the household of the employer course attendance for section 19 of trie Education Services lor
who is the holder's sponsor in relation to ihe visa, or Oversees Students Act 2000 and the relevant standard of the
fb) remain in Australia after ihe permanent departure of that employer. national code made by the Education Minister under
8112 The holder must not engage in work in Australia that might otherwise be section 33 ot that Act.
carried out by an Australian citizen or an Australian permanent resident. (3) A holder is taken to satisfy the requirement set out in paragraph (2)(b) if
8113 The holder must nol work in Australia otherwise than as a member of the holder:
the crew ol a non-military ship (a) is enrolled in a course at the Australian Qualifications Framework
8114 The holder must not woik in Australia otherwise than as a member of level 10: and
the crew of a stiperyacht. (b) changes ineir enrolment to a course at the Australian Qualifications
8115 The holder must not work in Australia other than by engaging in a Framework level 9.
business visitor activity 8203 The holder must not change his or her course of study, or thesis or
8116 The holder must nol woik in Australia olhei than by engaging in an lesearch topic, unless approval is given by the Minister after the
activity specified in a legislative instrument made by the Minister for this Minister has obtained an assessment from ihe competent Australian
clause. authorities that the holder is nol likely lo be directly or indirectly a risk lo
8117 The holder must not work in Australia other than as a member of the Australian national security.
crew on either oi both of the following: 8204 The holder must not undertake or change a course of study or research
(a) the (light on which the holder leaves Australia or thesis or research topic, for:
(b) one flight from a proclaimed airport to the proclaimed airport from (a) a graduate certificate, a graduate diploma, a master's degree or a
which the holder leaves Australia. doctorate; or
8118 The holdei must not work in Australia other than as a membei of tire (b) any bridging course required as a prerequisite to a course ot study
crew on one or more of Ihe following: or research for a master's degree or a doctorate:
(a) the flight on which the holder travels to Australia; unless approval is given by the Minister after the Minister lias obtained
(b) one flight from the proclaimed airport at which the holder enters an assessment from the competent Australian authorities that Ihe holder
Austialia to another proclaimed airport; is nol likely to be directly or indirectly a risk to Australian national security.
(c) the flight on which the holder leaves Australia; 8207 The holder must nol engage in any studies or training in Australia.
(d) one flight from a proclaimed airport to the proclaimed airport from 8301 Aftei entry to Australia, the holder must satisfy relevant public interest
which the holder leaves Australia. criteria before the visa ceases.
8201 (1) While in Austialia tire holder must nol engage, lor more than 3 months, 8302 After entry lo Austialia, all relevant members of the family uni must
in any studies or training. satisfy the relevant public interest criteria before the visa ceases.
(2) However, subclause (1) does not apply to a visa mentioned in the table. 8303 The holder must not become involved in activities disruptive to, or
violence threatening harm to, the Australian community or a group
Item Visa _ within ihe Australian community.
1 Subclass 590 (Student Guardian) visa in relation lo which the holder is 8401 The holder must report.
undertaking an ELICOS of less than 20 hours pe; week. (a) at the time or times; and
1A Subclass 602 (Medical Treatment) visa in relation to which the holder (b) at a place or in a manner; specified by ihe Minister from time to
ta) is under 18; and time.
tb) has experienced a change in circumstances while ;n Austialia and 8402 The holder must report:
(c) has the written permission of ihe- Minister io engage for more than (a) within 5 working days of giant, to an office of Immigration and
3 months in any studies oi training because of compelling and tb) lo that office on the first working day ol every- week after reporting
compassionate circumstances undei paragraph (a).
2 Subclass 675 (Medical Treatment (Short Stay)} visa in relation to which the 8501 Tiie holder must maintain adequate arrangements for health, insurance
holder: while the holdei is in Australia
ta) is under 18; and 8502 The ticloei ol the visa must not enter Australia before the entry to
(Oi has experienced a change in circumstances while in Australia; and Australia of a person specified in the visa.

Continued on reverse of page 6 ►

. o.r.v.'jw.wm or w-v-LK am :.M ‘Osyy.Me 1 ci•r- £ '*•’
 36
Department of Home Affairs

Part B- Record ofdecision whether to cancel visa (continued)

Client circumstances in which the ground for cancellation arose 10 Other relevant reasons (including mandatory legal consequences)
(whether there were any extenuating circumstances beyond the visa
I have also considered the legal consequences of a
holder’s control that led to the grounds existing) decision to cancellhe visa holder's visa and note that if ffie-
The visa holder stated that Tennis Australia facilitated his visa is cancelled he:
medicaTTxempTiunrfronr COVlDI^'wccination
reauirement and completed the Australian Travel - will be subject to a s4o bat On applying lor certain visas
Declaration on bis behalf. - will be affected bv a risk factor under Public Interest
Criteria 4013 which may affect the eligibility for other
I consider that Tennis Australia would have facilitated his ■visas in llic fatuie
medical exemption and Australian Travel Declaration - mav be liable for detention and removal from Australia
based oil. information tbe visa bolder provided to tbcm. A.s
such. I don’t consider these constitute extenuating -Gomtdermg-the-visa holder-regulaiTyHravefc-to-Aareft^fa—
circumstances beyond the visa holder's control. to compete in tennis tournaments, 1 consider the above
consequences to be significant. As such, 1 assign
Based on the above, I apply significant weight in favour of
visa cancellation for this factor. this factor.

11 Decision
Visa holder's behaviour in relation to the Department, now and on any After weighing up all of the information available to me, I am satisfied
previous occasion (whether they have been truthful and cooperative in that the grounds for cancelling the visa outweigh the reasons for not
their dealings with the Department) cancelling. I have therefore decided to cancel the visa. 0
There is no indication the visa holder has been OR
uncooperative in any dealings with tire department. The As I am satisfied there exist prescribed circumstances in which the
visa must be cancelled, I must cancel the visa under regulation
process. 1 therefore give some weight to this factor in 2.43(2). □
favour of not cancellingihe visa.
OR
After weighing up all of the information available to me, I am satisfied
that the reasons not to cancel the visa outweigh the grounds for
cancellation. I have therefore decided not to cancel the visa. CLi

OR
After weighing up all of the information available to me, I am not
satisfied that there is a ground for cancellation. I have therefore
decided not to cancel the visa. 0

12 Delegate’s details

Signature
of officer

Name
I------------
Position number j 60063579
Day fvionlh Yeai

Date |06-Jan-2022 Time 7:29

£• COMMONWEALTH OF AUSTRALIA. 202' ■ 111 (Design oate ’ 2/211 • Page 6

 37

8528 The holder must not have one or more criminal convictions, lor which
Visa conditions (continued) the sentence or sentences (whether served or not) are for a total period
of 12 months duration or more, at the time of travel to, and entry into,
8503 The holder will not, after entering Australia, be entitled to be granted a Australia.
substantive visa, other than a proteclion visa, while the holder remains 8529 The holder must, after entering Australia:
in Australia. (a) undergo a medical examination carried out by:
8504 The holder must enter Australia as the holder of the visa to which the (i) a Commonwealth Medical Officer; or
condition applies before a date specified by the Minister.
(ii) a medical practitioner approved by the Minister; or
8505 The holder must continue to live at the address specified by the holder
before grant of the visa. (iii) a medical practitioner employed by an organisation approved
by the Minister; and
8506 The holder must notify Immigration at least 2 working days in advance
of any change in the holder's address. (b) undergo a chest x-ray examination conducted by a medical
practitioner who is qualified as a radiologist in Australia unless the
8507 The holder must, within the period specified by the Minister for the purpose holder:
(a) pay; or (i) is under 11 years of age and is not a person in respect of
(b) make an arrangement that is satisfactory to the Minister to pay; the whom a Commonwealth Medical Officer has requested such
costs (within the meaning of Division 10 of Part 2 of the Act) of the an examination; or
holder's detention. (ii) is a person:
8508 The holder must make a valid application for a visa of a class that can be (A) who is confirmed by a Commonwealth Medical OfDcer to
granted in Australia, within the. time specified by the Minister for the purpose. be pregnant; and
Note: For the meaning of valid application see s46 of the Act. Broadly, a (B) who has been examined for tuberculosis by a chest clinic
valid application is one that is formally in order for consideration, not officer employed by a health authority of a state or
necessarily one that can be granted. territory; and
8509 Within 5 working days after the date of grant, the holder must: (C) who has signed an undertaking to place herself under the
(a) make a valid application for a substantive visa; or professional supervision of a health authority in a state or
(b) show an officer a ticket for travel to a country other than Australia territory and to undergo any necessary treatment; and
that the Minister is satisfied will allow the holder to enter on his or (0) whom the Minister is satisfied should not be required to
her arrival. undergo a chest x-ray examination at this time.
8510 Within the time specified by the Minister for the purpose, the holder 8530 The holder must not deviate from the organised tour referred to in
must, either: clause 600.252 of Schedule 2.
(a) show an officer a passport that is in force; or 8531 The holder must not remain in Australia after the end of the period of
(b) make an arrangement satisfactory to the Minister to obtain a stay permitted by the visa.
passport. 8532 If the holder has not turned 18:
8511 Within the time specified by the Minister for the purpose, the holder must, (a) the holder must stay in Australia with a person who is:
show an officer a ticket for travel to a country other than Australia that (i) a parent of the holder or a person who has custody of the
the Minister is satisfied wili allow the holder to enter on his or her arrival. holder; or
8512 The holder must leave Australia by the date specllied by the Minister for (ii) a relative of the holder who:
the purpose.
(A) is nominated by a parent of the holder or a person who
8513 The holder must notify Immigration of his or her residential address has custody ol the holder; and
within 5 working days of grant.
(B) has turned 21; and
8514 During the visa period of the visa, there must be no material change in
the circumstances on the basis of which it was granted. (C) is of good character; or
(b) the arrangements for the holder's accommodation, support and
8515 The holder of the visa must not marry or enter into a de facto
general welfare must be approved by the education provider for the
relationship before entering Australia.
course to which the holder’s visa relates, and the holder must not
8516 The holder must continue to be a person who would satisfy the primary enter Australia before the day nominated by the education provider
or secondary criteria, as the case requires, for the grant of the visa. as the day on which those arrangements are to commence; or
8517 The holder must maintain adequate arrangements for the education of (c) in the case that the holder is a Defence Student - both:
any school-age dependant of the holder who is in Australia for more
(i) the arrangements for the holder's accommodation, support
than 3 months as the holder of a student visa (as a person who has
and general welfare must be approved by the Defence
satisfied the secondary criteria).
Minister; and
8518 Adequate arrangements must be maintained for the education of the
(ii) the holder must not enter Australia before the day those
holder while he or she is in Australia.
arrangements are to commence; or
8519 The holder must enter into the marriage in relation to which the visa
was granted within the visa period of the visa. (d) in the case that the holder is a Foreign Affairs student - both:
(i) the arrangements for the holder’s accommodation, support
8520 The relevant person who holds a Subclass 300 visa on the basis of
having satisfied the primary criteria must enter into the marriage in and general welfare must be approved by the Foreign
Minister; and
relation to which that visa was granted within the visa period of that visa.
8522 The holder must leave Australia not later than the time of departure of (ii) the holder must not enter Australia before the day those
the person: arrangements are to commence.
8533 The holder must:
(a) who has satisfied the primary criteria; and
(a) in the case of a holder who was outside Australia when the visa
(b) of whose family unit the holder is a member.
was granted, notify the education provider of the holder's residential
8523 Each person who: address in Australia within 7 days after arriving in Australia; and
(a) is a member of the family unit of the holder (being a spouse or de (b) In all cases:
facto partner of the holder or an unmarried child of the holder who
(i) notify the education provider of any change in the holder’s
has not turned 18); and
residential address in Australia within 7 days after the change
(b) has satisfied the secondary criteria, and occurs: and
(c) holds a student visa because of paragraphs (a) and (b); (ii) notify his or her current education provider of a change of
must leave Australia not later than the time of departure of the holder. education provider within 7 days after the holder receives:
8525 The holder must leave Australia by a specified means of transport on a (A) a certificate of enrolment from the new education
specified day or within a specified period. provider; or
8526 The holder must notify the Secretary in writing, not earlier than 7 days (B) if no confirmation of enrolment is required to be sent, or if
before the day the visa ceases to be in effect, and not later than that day, a failure of electronic transmission has prevented an
of the holder's place of residence In Australia by posting the notification education provider from sending a confirmation of
to the Central Office ol Immigration in the Australian Capital Territory. enrolment - evidence that the applicant has been
8527 The holder must be free from tuberculosis at the time of travel to, and enrolled by the new education provider.
entry into, Australia.

Continued on front of page 7 >

© COMMONWEALTH OF AUSTflAUA. 2021 1111 (Design date 12/21) Page 6 reverse
 38

8550 The holder must notify the Minister o! any change In the holder's personal
Visa conditions (continued) details, including a change to any of the following contact information:
(a) the holder's name;
8534 The holder will not be entitled to be granted a substantive visa, other than: (b) an address of the holder;
(a) a protection visa; or (c) a phone number of the holder;
(b) a Subclass 485 (Temporary Graduate) visa; or (d) an email address of the holder;
(c) a Subclass 590 (Student Guardian) visa; (e) an online profile used by the holder;
while the holder remains in Australia. (0 a user name of the holder;
8535 The holder will not be entitled to be granted a substantive visa, other than:' not less than 2 working days before the change is to occur.
(a) a protection visa; or 8551 (1) The holder must obtain the Minister's approval before taking up
(b) a Student (Temporary) (Class TU) visa that is granted to the holder employment in the following occupations, or occupations of a similar kind:
on the basis of support from the Commonwealth government or a (a) occupations that involve the use of, or access to, chemicals of
foreign government; security concern;
while the holder remains in Australia (b) occupations in the aviation or maritime industries;
8536 The holder must not discontinue, or deviate Irom, the professional (c) occupations at facilities that handle security-sensitive biological
development programme in relation to which the visa was granted. agents.
8537 (1) While the nominating student (within the meaning of Part 590 of (2) In this clause:
Schedule 2) in relation to the holder is in Australia, the holder must
chemicals of security concern means chemicals specified by the
reside in Australia.
Minister in an instrument in writing for this definition.
(2) Wnile the holder is in Australia, the holder must:
Note: The Minister’s instrument will refer to chemicals that have been
(a) stay with the nominating student (within the meaning of Part 590 of identified, by the Council of Australian Governments, as chemicals of
Schedule 2) in relation to the holder; and security concern. Without limiting what the Council might identify, the
(b) provide appropriate accommodation and support for the nominating chemicals may include:
student; and (a) industrial chemicals, including chemicals used in the retail,
(c) provide for the general welfare of the nominating student. pharmaceutical or pool and spa sectors, that could be diverted from
8538 If the holder leaves Australia without the nominating student (within ttie their lawful use to other purposes such as terrorist-related
meaning of Part 590 of Schedule 2) in relation to the holder, the holder activities; and
must first give to the Minister evidence that: (b) agricultural and veterinary chemicals that could be diverted from their
(a) there are compelling or compassionate reasons for doing so; and lawful use to other purposes, including terrorist-related activities.
(b) the holder has made alternative arrangements for the 8552 The holder must notify the Minister of any change In the holder’s
accommodation, support and general welfare of the nominating employment details, not less than 2 working days before the change is
student until the holder's return to Australia; and to occur.
(c) if the nominating student has not turned 18, the alternative 8553 The holder must not become involved in activities that are prejudicial to
arrangements are approved by the education provider for the security (within the meaning of section 4 of the Australian Security
course to which the nominating student's visa relates. Intelligence Organisation Act 1979).
8539 While the holder is in Australia, the holder must live, study and work only 8554 (1) The holder must not acquire any of the following goods:
In an area specified by the Minister in an Instrument In writing for item (a) weapons;
6A1001 of Schedule 6A or item 6D101 of Schedule 6D, as in force: (b) explosives;
(a) when the visa was granted; or (c) material or documentation ttiat provides instruction on the use of
(b) if the holder has held more than 1 visa that is subject to this weapons or explosives.
condition - when the first of those visas was granted. (2) In this clause:
8540 The holder will not, after entering Australia, be entitled to be granted a weapon means a thing made or adapted for use for Inflicting bodily injury.
substantive visa, other than a protection visa or a Subclass 462 (Work
8555 The holder must obtain the Minister's approval before undertaking the
and Holiday) visa, while the holder remains in Australia.
following activities, or activities of a similar kind:
8541 The holder:
(a) flight training;
(a) must do everything possible to facilitate his or her removal from
(b) flying aircraft.
Australia; and
8556 The holder must not communicate or associate with:
(b) must not attempt to obstruct efforts to arrange and effect his or her
removal from Australia. (a) an entity listed under Pari 4 of the Charter of the United Nations
8542 The holder must make himself or herself available for removal from Act 1945; or
Australia in accordance with instructions given to the holder by (b) an organisation prescribed by the Criminal Code Regulations 2002.
Immigration for the purpose of that removal. 8557 The holder must hold for the whole of the visa period:
8543 The holder must attend at a place, date and time specified by (a) if the visa was granted on the basis of a complying investment
Immigration in order to facilitate efforts to arrange and effect his or her within the meaning of regulation 5.19B as in force at a particular
removal from Australia. time - a complying investment within the meaning of regulation
8547 The holder must not be employed by any 1 employer for more than 5.19B as in force at that time; or
6 months, without the prior permission in writing of the Secretary. (b) if the visa was granted on the basis of a complying significant
8548 The holder must not engage in any studies or training in Australia for investment within the meaning of regulation 5.19C as in force at a
more Ilian 4 months. particular time - a complying significant investment within the
8549 (1) Unless subclause (2) applies, while the holder is in Australia, the holder meaning of regulation 5.19C as in force at that time; or
must live, study and work only in a designated area, as in foice: (c) if the visa was granted on the basis of a complying premium
investment within the meaning of regulation 5.19D as in force at a
(a) when the visa was granted; or
particular time - a complying premium investment within the
(b) if the holder has held more than 1 visa ttiat is subject to this meaning of regulation 5.19D as in force at that time
condition - when the first of those visas was granted.
8558 The holder must not stay in Australia for more than 12 months in any
Note: Designated area is defined in regulation 1.03 period of 18 months.
(2) For a visa granted on the basis of satisfaction of clause 159.214 oi 8559 The holder must not enter the country by reference to which:
159.311 of Schedule 2, while the holder is in Australia, the holder must
(a) the holder; or
live, study and work only in Norfolk Island, apart from any period during
the whole of which the visa holder: (b) for a member of the family unit of another holder - the other holder;
(a) has not turned 25; and was found to be a person to whom Australia has protection obligations
unless the Minister has approved the entry in writing.
(b) is a dependent child of a person who is ordinarily resident in
Norfolk Island; and
(c) lives elsewhere in Australia for the purpose of study; and
(d) meets the requirements mentioned in condition 8' 05 (which
relates to students engaging in work).
Note: Condition 8105 is not imposed on the visa.
Continued on reverse of page 7 ►
© COMMONWEALTH OF AUSTRALIA, 2021 1111 (Design dale 12/21) - Page 7
 39

8578 The holder must notify Immigration of a change to any of the following
Visa conditions (continued) within 14 days after the change occurs:
(a) the holder’s residential address;
8560 (1) The holder must obtain the Minister’s approval before acquiring
(b) an email address of the holder;
chemicals of secuiity concern.
(c) a phone number of the holder;
(2) In this clause:
(d) the holder's passport details;
chemicals of security concern means chemicals specified by the
Minister in an instrument in writing for this definition. (e) the address of an employer of the holder;
Note: The Minister’s instrument will refer to chemicals that have been (f) the address of the location of a position in which the holder is
Identified, by the Council of Australian Governments, as.chemicals of employed.
security concern. Without limiting what the Council might identify, the 8607 (1) The holder must work only in Ihe occupation (the nominated
chemicals may include: occupation) nominated by the nomination identified in Ihe application for
(a) industrial chemicals, including chemicals used in the retail, the most recent Subclass 482 (Temporary Skill Shortage) visa granted to
pharmaceutical or pool and spa sectors, that could be diverted from the holder.
their lawful use to other purposes such as terrorist-related (2) Unless subclause (3) applies, the holder must:
activities; and (a) if the most recent Subclass 482 (Temporary Skill Shortage) visa
(b) agricultural and veterinary chemicals that could be diverted from their granted to the holder is in Ihe Labour Agreement stream - work
lawful use to other purposes, including terrorist-related activities. only for the person who nominated the nominated occupation; or
8561 If the holder is directed by the Minister to attend an interview that relates (b) if the most recent Subclass 482 (Temporary Skill Shortage) visa
to the holder's visa (including an interview with the Australian Security granted to the holder is in the Short-term stream or Medium-term
Intelligence Organisation), the holder must comply with the direction. stream and the person who nominated the nominated occupation
8562 (1) The holder must not take up employment in: was an overseas business sponsor at the lime the nomination was
approved - work only in a position in the person’s business; or
(a) occupations that involve the use of, or access to, weapons or
explosives; or (c) if the most recent Subclass 482 (Temporary Skill Shortage) visa
granted to the holder is in the Short-term stream or Medium-term
(b) occupations of a similar kind.
stream and the person who nominated the nominated occupation
(2) In this clause: was not an overseas business sponsor at the time'the nomination
weapon means a thing made or adapted lor use for inflicting bodily injury. was approved - work only in a position in the person’s business or
8563 (1) The holder must not undertake the following activities, or activities of a a business of an associated entity of the person.
similar kind: (3) This subclause applies if:
(a) using or accessing weapons or explosives; (a) the nominated occupation is an occupation specified by the
(b) participating in training in the use of weapons or explosives; Minister in an instrument made under subregulation 2.72(13); or
(c) possessing or accessing material or documentation that provides (b) the holder is continuing to work for a person for the purpose of
instruction on the use of weapons or explosives. fulfilling a requirement under a law relating to Industrial relations
(2) In this clause: and relating to the giving of notice.
weapon means a thing made or adapted for use for inflicting boaily injury. (4) Subject to subclause (6), the holder must commence work within:
8564 The holder must not engage in criminal conduct. (a) If the holder was outside Australia when the visa was granted
8565 The holder must notify Immigration of any change in the holder’s - 90 days after the holder's arrival in Australia; or
residential address within 28 days after the change occurs. (b) if the holder ms in Australia when the visa was granted - 90 days
8566 If the person to whom the visa is granted has signed a code of after the holder s visa was granted.
behaviour that: (5) If the holder ceases employment, the period during which the holder
(a) has been approved by the Minister in accordance with clause 4.1 ceases employment must not exceed 60 consecutive days.
of Schedule 4; and (6) If ihe holder is required to hold a licence, registration or membership
(b) when the visa is granted, is in effect in relation to that visa or (an authorisation) that is mandatory to perform the nominated
another visa; occupation in the location where the holder's position is situated, the
the holder must not breach Ihe code holder must:
(a) hold the authorisation within:
Note: The requirement to sign a code of behaviour may be imposed by
public interest criterion 4022 or in accordance with section 195A of the (i) if the holder was outside Australia when the visa was granted
Act. - 90 days after the holder’s arrival in Australia; or
8570 The holder must not: (ii) if the holder was in Australia when the visa was granted
(a) enter a country by reference to which: - 90 days after the holder’s visa was granted; and
(i) the holder was found to be a person in respect of whom (b) continue to hold the authorisation while the holder is performing the
Australia has protection obligations; or occupation; and
(ii) for a member of the family unit of another holder - the other (c) notify Immigration, in writing, as soon as practicable if an
holder was found to be a person in respect of whom Australia application for the authorisation is refused; and
has protection obligations; or (d) comply with each condition or requirement to which the
(b) enter any other country unless: authorisation is subject; and
(i) the Minister is satisfied that there are compassionate or (e) not engage in work that is inconsistent with the authorisation,
compelling circumstances justifying the entry; and including any conditions or requirements to which the authorisation
is subject; and
(ii) the Minister has approved the entry in writing.
(0 notify Immigration, in writing, as soon as practicable if ihe
8571 The holder must maintain an ongoing relationship with the nominating authorisation ceases to be in force or is revoked or cancelled.
State or Territory government agency or the government of the State or
Territory in which the agency is (or was) located.
8572 If requested in writing by the Minister to do so, the holder must undergo
a medical assessment carried out by any of the following:
(a) a Medical Officer of Ihe Commonwealth;
(b) a medical practitioner approved by the Minister;
(c) a medical practitioner employed by an organisation approved by Ihe
Minister.
8573 The holder must not stay in Australia for more than 12 months in any
period of 24 months.

e COMMOIIWEALIH 0.; AUSTRALIA, 2021 1111 (Design dale 12/21) - Page 7 reverse
 40

Australian
BORDER FORCE

ATTACHMENT B (Part B)

During interview, the visa holder stated he was not vaccinated against COVID-19. The Visa holder also
provided a copy of a medical exemption issued by Tennis Australia. This medical exemption was issued on
the grounds that the visa holder has recently recovered from COVID-19. The visa holder stated he had
received an Australian Travel Declaration from the Department of Home Affairs, which was lodged on his
behalf by Tennis Australia.

Under the Biosecurity Act 2015, there are requirements for entry into Australian territory. These
requirements include that international travellers make a declaration as to their vaccination status
(vaccinated, unvaccinated, or medically contraindicated). Travellers may make a declaration that they have a
medical contraindication and must provide evidence of that medical contraindication provided by their
medical practitioner. Previous infection with COVID-19 is not considered a medical contraindication for
COVID-19 vaccination in Australia.

Unvaccinated persons create a greater health risk of contracting COVID-19 and spreading COVID-19 to
others, either of which will further burden the Australian health system. Ensuring unvaccinated persons do
not enter Australia is a key mechanism through which the Australian Government has slowed the spread of
COVID-19 within the Australian community.

All visa holders, whether permanent or temporary are expected to abide by all public health directives issued
by both Commonwealth and state and territory jurisdictions. A breach of these directions is considered a
potential risk to the health, safety or good order of the Australian community.

Subject to Section 116(1) of the Migration Act 1958, the Minister may cancel a visa if he or she is satisfied
that:
(e) the presence of its holder in Australia is or may be, or would or might be, a risk to:
(i) the health, safety or good order of the Australian community or a segment of the Australian community

Based on the above information, I am satisfied there are grounds to consider cancelling the visa holder's
subclass GG-408 visa. The ground is that, the Minister may cancel a visa if he or she is satisfied that:... if its
holder has not entered Australia or has so entered but has not been immigration cleared - it would be liable
to be cancelled under Section 116(l)(e)(i) of the Migration Act 1958.
 41
Department of Home Affairs

Notification of decision
5 Your visa (and the visa of any dependants) has been cancelled on
Part C - Notification ofdecision to cancel Day Month Year
visa under si 16 of the Migration Act 1958 06-Jan-2022

1 Full name As your visa has been cancelled you may be refused immigration
clearance. You may also be detained and removed from Australia
Family name
as an unlawful non-citizen under s189 of the Migration Act 1958.
DJOKOVIC Where your visa is evidenced in your passport, it will be stamped
‘INOPERATIVE’ due to the cancellation. Note: The decision to cancel is
Given names
not merits-reviewable under the Migration Act 1958.
Novak Other relevant agencies will be advised that your visa has been cancelled.

Day Month Year

6 Delegate’s details
2 On 06-Jan-2022
you were notified of an intention to consider cancelling your Signature
Day Month Year of officer
subclass GG408 visa granted on lS-Nov-2021

under section 116 of the Migration Act 1958. Name

3 You: Position number 60063579

DID NOT RESPOND OR ADVISED YOU Dav Month Year
DID NOT WISH TO RESPOND to the 06-Jan-2022 '~P'\ M b QiM
Date Time
notice of intention to consider
cancelling the visa 0
RESPONDED to the notice of intention 7 Former visa holder’s signature to verify that Part B (Record of decision
to consider cancelling the visa whether to cancel visa) and Part C (Notification of decision to cancel visa
(Refer to Item 5 and Item 8, Part B for under si 16) has been received
details of your response) 0 ► Your comments have
been taken into account
in making this decision,
4 satisfied that there are grounds for visa cancellation under:
□ sl16(1)(a)
□ s116(1)(aa)
□ s116(1 )(b) because I am satisfied that you have not complied with
condition
(Refer to reverse of pages 4,5,6 and front and reverse of page 7
for details of conditions)
□ si 16(1)(c)
□ s116(1)(d) because I am satisfied a ground exists at
(Enter relevant ground here — si 01, s102, si 03, s104 or s105)
0 sl16(1)(e) (i) 0 (ii) □
TIS number
□ s116(1)(f)
□ s116(1)(fa) (i) □ (ii) □ The information recorded on this form may be used as a basis
□ s116(1 )(g) because I am satisfied a ground exists at
-------------------- 1
for recording the electronic report of the cancellation.
Reg 2.43(1) ____________ |

□ other

Please refer to reverse of pages 1,2 and 3 for reference to the relevant
legislation.
Where the Minister can cancel a visa under subsection 116(1) of the
Act, the Minister must do so if there exist prescribed circumstances in
which the visa must be cancelled (see subsection 116(3) of the Act and
the 'prescribed circumstances' in subregulation 2.43(2) of the Migration
Regulations 1994) - refer to reverse of page 3.
After weighing up all of the information available to me I was satisfied
that the grounds for cancelling your visa outweighed the reasons for not
cancelling.
A copy of the Department's decision record is attached.
© COMMONWEALTH OF AUSTRALIA. 2021 1111 (Design dale 12/21) - Page 8