Tennis superstar Novak Djokovic remains free to play in the Australian Open - at least, for now - with the Immigration Minister still weighing whether to cancel his visa for a second time.
In a statement issued on Tuesday afternoon, a spokesman for Alex Hawke said he is 'thoroughly' considering whether to use his discretionary powers to cancel Djokovic's visa after it was reinstated by a judge on Monday.
'As noted yesterday in the Federal Circuit and Family Court, Minister Hawke is considering whether to cancel Mr Djokovic’s visa,' he said. 'In line with due process, Minister Hawke will thoroughly consider the matter.'
It is unclear how long it will take for Mr Hawke to make a decision - with the start of the Australian Open just six days away. Djokovic hopes to become the most successful male player of all time at the tournament.
The comments come as Deputy Prime Minister Barnaby Joyce admitted he was wrong about the tennis star being deported.
'I got it wrong. I thought that it would be game, set, match that he hadn't been double vaxxed and he would've been asked to go,' Mr Joyce said.
'I got it wrong, okay. I'm not going to pretend to be a solicitor again.'
Novak Djokovic (pictured with wife Jelena) wants to play in the Australian Open and become the first male tennis player to win 21 Grand Slam singles titles
Immigration Minister Alex Hawke was handed the poisoned chalice of deciding whether Novak Djokovic would be allowed to stay in Australia after his visa was originally cancelled upon arrival
Djokovic broke his silence over the Australian government's first failed attempt to cancel his visa, saying he still wants to compete at the Australian Open next week
Djokovic, who is not vaccinated against Covid and contracted the virus in December, was denied a visa to enter Australia on January 6 by a Border Force official.
The Serb had been granted a medical exemption by Tennis Australia. He believed he had met criteria set by Australia's advisory board on immunisation and been given a federal government declaration he could travel.
Mr Joyce had supported the decision to give Djokovic the boot. However, Djokovic took his case to the Federal Circuit Court where Judge Anthony Kelly quashed the cancellation of his visa on Monday.
Judge Kelly found that tearing up Djokovic's visa had been unreasonable and he had not been given enough time by Australian Border Force officials to respond.
Having beaten the Minister for Home Affairs, Karen Andrews, Djokovic then had to contend with Mr Hawke, a close ally of Prime Minister Scott Morrison.
'Following today's Federal Circuit and Family Court determination on a procedural ground, it remains within Immigration Minister Hawke's discretion to consider cancelling Mr Djokovic's visa,' a spokesman for Mr Hawke had said on Monday night.
'… The minister is currently considering the matter.'
It was originally speculated Mr Hawke had just four hours to make a decision on Djokovic's visa after it was reinstated by Judge Kelly on Monday.
It later emerged that four-hour window was only relevant if the government had decided to bring in Djokovic for further questioning, which had not happened.
Mr Hawke could cancel the visa whenever he decided there was enough evidence there was a ground to do so and if it was in the public interest.
Judge Kelly had said on Monday if the government intended to cancel Djokovic's visa the Federal Circuit Court must be given ample notice to prepare for future proceedings.
It was originally speculated Mr Hawke had just four hours to make a decision on Djokovic's visa after it was reinstated by a Federal Circuit Court judge on Monday
There were jubilant scenes on the streets on Melbourne on Monday night after Novak Djokovic was freed from immigration detention
Mr Hawke had three options open to him.
He could have let Djokovic stay in Australia to compete in the Open, he could re-cancel his visa and ban the star from coming to Australia for three years, or he could cancel the visa but not impose a three-year ban.
Either of the second and third options was likely to lead to more legal action.
The Australia Open starts on January 17 when Djokovic wants to launch his bid to become the most-decorated men's singles player of all time.
The Serb is currently level with Roger Federer and Rafael Nadal on 20 Grand Slam titles. Federer is out of this year's tournament with injury, while Nadal will be playing.
Mr Hawke's federal MP colleague and former Australian tennis star John Alexander had spoken out on Monday night against cancelling Djokovic's visa a second time.
Mr Alexander said the minister's discretionary power was meant for criminals and contagious people 'walking our streets' - not 'political problems'.
Novak Djokovic is still in limbo as immigration minister refuses to rule out cancelling his visa - but posted this picture of himself practicing at Rod Laver area just hours after he was finally released from detention after a five-day-long ordeal
Members of the Serbian community (pictured) are seen marching through Melbourne on Monday night, with the scene soon becoming violent as protesters crashed with police - leading to many being pepper-sprayed
'It would appear
