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Verdict soon in Djokovic's deportation case in Australia

MELBOURNE, Australia (AP) 鈥 A court hearing for tennis star Novak Djokovic鈥檚 appeal against deportation in Australia ended Sunday and a verdict was expected within hours.
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MELBOURNE, Australia (AP) 鈥 A court hearing for tennis star Novak Djokovic鈥檚 appeal against deportation in Australia ended Sunday and a verdict was expected within hours.

Federal Court Chief Justice James Allsop said he and two fellow judges hoped to reach a verdict later Sunday. The top-ranked male tennis player needs to win the appeal to defend his Australian Open title in play that begins on Monday.

The Australian government cancelled Djokovic's visa on Friday due to issues surrounding his stance against COVID-19 vaccination.

THIS IS A BREAKING NEWS UPDATE. AP鈥檚 earlier story follows below.

Novak Djokovic returned to court on Sunday to fight an attempt to deport him because of what a government minister described as a perception that the top-ranked tennis player was a 鈥渢alisman of a community of anti-vaccination sentiment.鈥

Three Federal Court judges hope to hear the entire case in a single day so that the men鈥檚 No. 1-ranked tennis player and nine-time Australian Open champion might begin on Monday his title defense at the first Grand Slam tennis tournament of the year.

Djokovic spent Saturday night in an immigration detention hotel after he and his lawyers met with immigration officials earlier in the day. Television footage showed the 34-year-old Serb wearing a face mask as he sat in a vehicle near the hotel Sunday morning.

He is permitted to leave the hotel to spend Sunday in his lawyers鈥 offices, under the guard of two immigration officials, while the challenge is heard via a video conference.

Djokovic spent four nights confined to a hotel near downtown Melbourne before being released last Monday when he won a court challenge on procedural grounds against his first visa cancellation.

Immigration Minister Alex Hawke on Friday blocked the visa, which was originally revoked when he landed at a Melbourne airport on Jan. 5.

Deportation from Australia can lead to a three-year ban on returning to the country, although that may be waived, depending on the circumstances.

On Sunday, Federal Chief Justice James Allsop gave his reasons for rejecting Hawke鈥檚 argument that the case only warranted a hearing by a single judge.

Allsop cited Hawke鈥檚 own words that the issues behind his decision to cancel the visa 鈥済o to the very preservation of life and health of many members of the community.鈥

A verdict of three judges is far less likely to be appealed than the decision of a single judge.

Djokovic could not appeal a decision made on Sunday or Monday in time to compete in the Australian Open, Allsop said.

Lawyers for Djokovic filed documents in court that revealed Hawke had stated that the tennis star 鈥渋s perceived by some as a talisman of a community of anti-vaccination sentiment.鈥

Australia has one of the highest COVID-19 vaccination rates in the world.

The minister said Djokovic鈥檚 presence in Australia may be a risk to the health and 鈥済ood order鈥 of the Australian public and 鈥渕ay be counterproductive to efforts at vaccination by others in Australia.鈥

The Health Department advised that Djokovic was a 鈥渓ow鈥 risk of transmitting COVID-19 and a 鈥渧ery low鈥 risk of transmitting the disease at the Australian Open.

The minister cited comments Djokovic made in April 2020 that he was 鈥渙pposed to vaccination鈥 and wouldn鈥檛 want to be forced by someone to take a vaccine to compete.

Djokovic鈥檚 lawyers argued that the minister provided no evidence that Djokovic鈥檚 presence in Australia may 鈥渇oster anti-vaccination sentiment.鈥

Hundreds of activists held a peaceful rally outside the Melbourne Park complex that hosts the Australian Open, and planned another for Monday.

鈥淲e鈥檙e at Rod Laver Arena to support Novak. He鈥檚 won nine (Australian Open) titles here. Hopefully this will be No. 10 -- if he can get out of quarantine and get his visa back,鈥 said Harrison McLean, one of the rally organizers. 鈥淲e鈥檙e a peaceful movement, here to raise awareness and support everyone鈥檚 freedom of choice.鈥

Sydney-based immigration lawyer Simon Jeans said he was surprised that Djokovic was granted a visa at all because his COVID-19 infection last month would not have exempted him from Australia鈥檚 strict rules that foreign visitors need to be vaccinated unless there are sound medical reasons that they can鈥檛 be.

鈥淭he unanswered question is if Djokovic was such a threat to good order, why grant him a visa鈥 in November? Jeans asked. 鈥淭his is a high-risk strategy. It鈥檚 going to be much harder for the minister to convince three judges that what he did was in the public interest.鈥

Djokovic, who has won the last three Australian Open titles, is seeking a record 21st Grand Slam singles title. He is currently tied with Rafael Nadal and Roger Federer for the most by a man in history.

In a post on social media Wednesday that constituted his most extensive public comments yet on the episode, Djokovic blamed his agent for checking the wrong box on his travel document, calling it 鈥渁 human error and certainly not deliberate.鈥

In that same post, Djokovic said he went ahead with an interview and a photo shoot with a French newspaper in Serbia despite knowing he鈥檇 tested positive for COVID-19. Djokovic has been attempting to use what he says was a positive test taken on Dec. 16 to justify a medical exemption that would allow him to avoid the vaccine requirement on the grounds that he already had COVID-19.

In canceling Djokovic鈥檚 visa, Hawke said Prime Minister Scott Morrison鈥檚 government 鈥渋s firmly committed to protecting Australia鈥檚 borders, particularly in relation to the COVID-19 pandemic.鈥

The episode has touched a nerve in Australia, and particularly in Victoria state, where locals went through more than 260 days of lockdowns during the worst of the pandemic.

Australia faces a massive surge in virus cases driven by the highly transmissible omicron variant. On Friday, the nation reported 130,000 new cases, including nearly 35,000 in Victoria state. Although many infected people aren鈥檛 getting as sick as they did in previous outbreaks, the surge is still putting severe strain on the health system and disrupting supply chains.

Djokovic鈥檚 supporters in Serbia have been dismayed by the visa cancellations. Serbian President Aleksandar Vucic accused the Australian government of 鈥渉arassing鈥 and 鈥渕altreating鈥 Djokovic and asked whether Morrison鈥檚 government is just trying to score political points ahead of upcoming elections.

鈥淲hy didn鈥檛 you return him back right away, or tell him it was impossible to get a visa?鈥 Vucic asked the Australian authorities in a social media address. 鈥淲hy are you harassing him and why are you maltreating not only him, but his family and an entire nation that is free and proud.鈥

Everyone at the Australian Open is required to be vaccinated.

According to Grand Slam rules, if Djokovic is forced to pull out of the tournament before the order of play for Day 1 is announced, No. 5 seed Andrey Rublev would move into Djokovic鈥檚 spot in the bracket.

If Djokovic withdraws from the tournament after Monday鈥檚 schedule is released, he would be replaced in the field by what鈥檚 known as a 鈥渓ucky loser鈥 鈥 a player who loses in the qualifying tournament but gets into the main draw because of another player鈥檚 exit before competition has started.

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AP Sports Writer John Pye contributed to this report.

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Rod Mcguirk , The Associated Press