The Federal Court hearing Novak Djokovic’s case has upheld the government’s decision to deport the tennis ace

An Emirates flight carrying Djokovic departed Melbourne Airport just before 11pm AEDT, bound for Dubai.

Chief Justice James Allsop made it clear the decision was not being made by the Australian government, but by the courts.

“These grounds focused on whether the decision was irrational or legally unreasonable,” Justice Allsop said.

It means the tennis star will be deported before he was due to play at the Australian Open opening round on Monday night.

Novak Djokovic is challenging the Australian government’s decision to cancel his visa on public health grounds.

He must now pay costs of his expensive legal bid to remain in Australia.

The tennis star has not been vaccinated against Covid-19, which is a requirement for foreigners entering the country.

Lawyers from both sides have now made their cases to judges at the Federal Court of Australia.

The emergency hearing has adjourned so the judges can consider the arguments, with a verdict expected within hours.

Djokovic faces deportation and a three-year ban on obtaining a new visa if he loses the appeal. But if he is successful, he will be free to defend his Australian Open title on Monday night.

Australia’s Immigration Minister Alex Hawke cancelled Djokovic’s visa on Friday, saying his presence in the country risked fanning anti-vaccine sentiment. The Serbian player’s lawyers argue that deporting him would stoke anti-vaccine views and protests

It follows a turbulent 10-days in which Djokovic has been detained by immigration authorities, released and then detained again