Novak Djokovic has been immediately released from immigration detention in Australia, after the federal circuit court ordered that the decision to cancel his visa was unsubstantiated.

Christopher Tran, representing the Australian Government has revealed, however, that immigration minister Alex Hawke will consider exercising his personal power to cancel Djokovic’s visa.

“The stakes have now risen rather than receded,” the judge said.

“I cannot purport to encroach on the valid exercise of a minister of executive power.”

It remains uncertain what such a move would mean for the world No1 to be able to compete in the Australian Open and what implications this would have in terms of the Serbia-Australia diplomatic relationship.

Such a decision would see Djokovic not only deported but excluded from Australia for three years.

Should Djokovic stay and play he could win the most grand slam singles titles of all time.

Federal Judge Anthony Kelly read a consent minute agreed between the world No 1 male tennis player and the home affairs minister, Karen Andrews.

Judge Kelly ordered the visa cancellation decision be quashed and costs awarded in the tennis player’s favour with his passport and personal effects be returned to him 30 minutes post announcement calling the whole saga “unreasonable”.

for Australian Border Force officials to interview Djokovic on Thursday morning and cancel his visa in circumstances where they had agreed to give him until 8.30am to speak to officials and respond to the proposed visa cancellation.

Tran informed the court that another minister of the Australian government – the immigration minister,  – would consider exercising a personal power to cancel Djokovic’s visa.