MELBOURNE: In a major victory for Indian doctor Mohammed Haneef, an Australian court on Tuesday quashed the government’s controversial decision to cancel his work visa after he was cleared of terror charges, saying Immigration Minister Kevin Andrews had adopted a “wrong criterion.”

Mr. Andrews “cancelled the visa by adopting a wrong criterion. He fell into jurisdictional error by applying the wrong test,” Federal Court Judge Jeffery Spender said in a verdict that has come as an embarrassment to Canberra. The judge also ordered the government to pay Dr. Haneef’s legal expenses.

However, the doctor will have to wait for some time to get a fresh visa as the court granted a 21-day stay on its ruling to enable the government to respond.

Mr. Andrews, who had revoked the visa on character grounds on July 16 soon after Dr. Haneef was granted bail, defended his decision and instructed government counsel to file an appeal challenging the ruling. “When I made the decision to cancel Dr. Haneef’s visa, I made it in the national interest and I stand by that decision,” Mr. Andrews said.

“I have instructed the Australian government Solicitor to lodge an appeal,” the Minister, whose decision drew considerable flak from human rights and lawyers’ organisations, said. — PTI

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