Labor is plotting its next steps in response to a possible constitutional cloud hanging over Peter Dutton.
Mr Dutton continues to face questions over his eligibility to sit in federal parliament, due to his personal financial interest in commonwealth-funded child care centres.
Shadow attorney-general Mark Dreyfus said it was "the very definition of poor judgment" for Mr Dutton to be returned as home affairs minister when it wasn't clear whether he was legally allowed to remain.
On Friday, Solicitor-General Stephen Donaghue found there was "some risk" the High Court would find Mr Dutton has a conflict of interest over federal payments to the centres.
But Mr Donaghue found it was unlikely Mr Dutton would be disqualified by reason of payments made to his family trust.
Border force will be retained in Peter Dutton's portfolio. Source: AAP
"Labor is considering our options," Mr Dreyfus said on Monday.
"The solicitor-general's advice on Mr Dutton's eligibility is far from definitive. If Mr Dutton thinks all questions have been settled, he is kidding himself."
Section 44 of the Constitution bans from parliament anyone who has "any direct or indirect pecuniary interest with the public service of the Commonwealth".
Mr Dutton insists he is clear to stay in parliament and released various bits of legal advice he said supported that position.
