The Hindu : National : Haneef’s legal battle to get back visa begins

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Haneef’s legal battle to get back visa begins

Melbourne: Mohamed Haneef on Wednesday launched his court battle to get back his work visa revoked by the Australian Government after he was charged with a terrorism offence.

The lawyers of the Indian doctor told the Federal Court in Brisbane that the doctor should not have failed a “character test” simply because he was related to men allegedly involved in the foiled terror plot in London and Glasgow.

Justice Jeffery Spender adjourned till Thursday further hearing on the appeal by Dr. Haneef against Immigration Minister Kevin Andrews’ decision to cancel his work visa on character grounds, citing his association with second cousins Sabeel and Kafeel Ahmed, allegedly involved in the plots.

The lawyers said the decision was based on “a misconstruction of the word association.” Dr. Haneef has said he wanted to return to Australia and his job at the Gold Coast Hospital in Queensland.

Appearing for Dr. Haneef, barrister Darryl Rangiah argued on Wednesday that Dr. Haneef’s relationship with the two men could not be a sufficient basis to cancel his visa.

He was arrested in Brisbane on July 2 and charged with supporting the failed bomb attacks in June. The police later dropped the charge because of lack of evidence.

Dr. Haneef proclaimed his innocence after he was freed to return home to Bangalore on July 28.

Dr. Haneef’s legal team described the Federal Government’s “character test” as too broad and allowing too much leeway for guilt by association.

Mr. Rangiah opened his appeal by suggesting that the character test should also be open to interpretations of an “innocent” nature. He suggested “innocent” associations included mothers and wives of people involved in criminal acts.

He also said that the removal of the words “is not of good character” from federal legislation in 1999, and the effective substitution with the phrase “this person does not pass the character test” was inappropriate.

Political issue

The case has become a political issue after Mr. Andrews revoked Haneef’s visa, even though he was granted bail by a court, and refused to restore it after the charge was finally dropped.

During the hearing, Mr. Justice Spender asked if the mobile phone SIM card allegedly used by Dr. Haneef’s second cousins in terrorist activities had actually expired in August 2006.

He asked how a SIM card would expire. Dr. Haneef is alleged to have left his SIM card with his second cousins.

Barrister Stephen Keim questioned the wisdom of Mr. Andrews’ decision to revoke the visa and have him detained for a trial, to which Mr. Justice Spender said he was not interested in the “wisdom” of the decision, only in the legality of it. — PTI

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