(Updates with Djokovic leaving hotel)
By Loren Elliott, Sudipto Ganguly and Sonali Paul
MELBOURNE, Jan 16 (Reuters) - Novak Djokovic left a hotel for asylum seekers on Sunday morning headed for a federal court hearing that will decide once and for all whether he can stay in Australia and defend his Open title.
Djokovic was driven out of the hotel, accompanied by Australian immigration officers about 8:30 a.m. local time.
After a rollercoaster 10 days https://www.reuters.com/lifestyle/sports/key-moments-novak-djokovics-australian-saga-2022-01-14 in the country that saw the Serbian champion detained by immigration authorities, released and then detained again, his fate was in the hands of three judges presiding over the hearing scheduled to begin at 9:30 a.m. (2230 GMT/1730 ET).
The build up to the Open tennis tournament, set to start Monday, has been eclipsed by the drama over the unvaccinated star's bid to play. Spanish great Rafael Nadal, tied with Djokovic for 20 Grand Slam titles, was one of several top players in town who said they just wanted https://www.reuters.com/lifestyle/sports/players-tired-djokovic-circus-de-minaur-2022-01-15 the circus to be over.
Djokovic spent Saturday night at Melbourne's Park Hotel https://www.reuters.com/article/uk-tennis-australia-djokovic-hotel-idUKKBN2JH0LO, returning to the same immigration detention hotel where he was held for four nights last week.
A judge freed https://www.reuters.com/lifestyle/sports/novak-djokovics-bid-stay-australia-goes-before-courts-2022-01-09 him on Monday after finding the decision to cancel his visa on arrival had been unreasonable. Djokovic has declined to be vaccinated against coronavirus and had sought to enter the country with a medical exemption from rules mandating all visitors to be vaccinated.
Djokovic is appealing Immigration Minister Alex Hawke's use of discretionary powers to cancel his visa again on the grounds that he was a threat to public order.
The virtual hearing on Sunday is expected to pit lawyers for Djokovic and the government against each other in an argument over https://www.reuters.com/lifestyle/sports/detained-djokovic-fight-australian-deportation-court-2022-01-14 the number one tennis player's role in fanning anti-vaccine sentiment.
'TIRED OF THE SITUATION'
Court documents released after an initial court hearing on Saturday showed Hawke had justified his decision on the grounds that Djokovic's presence could whip up more anti-vaccination sentiment in Australia at a time that the country is in the midst of its worst outbreak of the virus.
"Although I ... accept that Mr Djokovic poses a negligible individual risk of transmitting COVID-19 to other persons, I nonetheless consider that his presence may be a risk to the health of the Australian community," Hawke said in a letter to Djokovic and his legal team.
Djokovic's lawyers said they would argue that deportation would only further fan anti-vaccine sentiment and would be as much a threat to disorder and public health as letting him stay.
Djokovic's medical exemption from vaccine requirements to play in the Open prompted widespread anger in Australia, which has undergone some the world's toughest COVID-19 lockdowns and where more than 90% of adults are vaccinated, but where hospitalisation rates continue to hit record highs.
The controversy over the tennis player has become a political touchstone for Prime Minister Scott Morrison as he prepares for an election due by May.
His government has won support at home for its tough stance on border security during the pandemic, but it has faced criticism for its handling of Djokovic's visa application.
Djokovic's leading rivals have become increasingly impatient with the uncertainty hanging over the draw and the cloud hanging over their sport.
"Honestly I'm little bit tired of the situation because I just believe that it's important to talk about our sport, about tennis," Spaniard Rafa Nadal, who is tied on 20 major titles with Djokovic, told reporters at Melbourne Park, where the event will be played.
German Alexander Zverev, the world number three, said Djokovic had been treated unfairly and that the Serb might have been used as a political pawn by Australian authorities, something Canberra has denied.
"This is obviously not a nice thing for everyone, for him especially," Zverev said. But don't question his legacy because of this."
(Reporting by Sonali Paul, Sudipto Ganguly, Ian Ransom and Kirsty Needham; Additional reporting by Renju Jose in Sydney; Editing by Frances Kerry and Daniel Wallis)
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