Novak Djokovic during the trophy presentation at the Australian Open tennis championships in Melbourne on February 21, 2021. Photo / AP
Australia's Immigration Minister Alex Hawke has released a statement saying he is still "thoroughly" considering whether to cancel Novak Djokovic's visa, amid increasing pressure for the government to fix the "mess".
About 24 hours after the Federal Court quashed the government's decision to cancel the world No 1's visa, a spokesperson for Hawke said he was still considering his options.
It is appearing unlikely a decision will be made on Tuesday.
"As noted yesterday in the Federal Circuit and Family Court, Minister Hawke is considering whether to cancel Mr Djokovic's visa under section 133c (3) of the Migration Act," the spokesperson said.
"In line with due process, Minister Hawke will thoroughly consider the matter.
"As the issue is ongoing, for legal reasons, it is inappropriate to comment further."
The ongoing drama surrounding the unvaccinated 34-year-old has been slammed by Opposition leader Anthony Albanese, who on Tuesday accused Prime Minister Scott Morrison of waiting for problems to become a crisis.
"The fact is that this has been botched completely by the Australian government," Albanese said.
"It's been botched because the Australian government is led by someone who always waits for a problem to become a crisis before they act."
Australian Deputy Prime Minister Barnaby Joyce conceded he had misread the situation.
Joyce said he thought it would have been "game, set, match" for Djokovic to be deported.
"I got it wrong, I thought he'd be game, set, match that he hadn't been double vaxxed and he would have been asked to go," he told reporters.
"But I got it wrong. So, I'm not going to pretend to be a solicitor again."
Davis Cup winner and retiring Liberal federal MP John Alexander said he was against deporting Djokovic.
"The judge has been abundantly clear in his findings and his comments around the finding, saying essentially what more could this man have done to meet the criteria that had been set down," Alexander told ABC radio.
"It was a pretty emphatic decision. The minister does have the right to overrule that, but it would appear that Djokovic is not a threat to Australian society."
Labor Senator Kristina Keneally said the decision needed to be made quickly, describing the situation as an "incredible mess".
"Scott Morrison tried to blame the Victorian government, he tried to blame Tennis Australia. But understand this, only the federal government can issue a visa," she told Sunrise.
"They should have been clear about what his vaccination status was, and whether or not he was safe to enter the country."
Late on Monday, Judge Anthony Kelly ordered Djokovic to be released immediately, finding the "rules were not observed" when a delegate made the decision at the airport to cancel the visa.
"The point I'm somewhat agitated about is what more could this man have done," Judge Kelly said.
Court documents have confirmed that Djokovic was relying on the fact he had tested positive to Covid on December 16 as a medical exemption for not being vaccinated.