By Christine Kellett
August 21, 2007 – 12:49PM (Melbourne time)
Indian doctor Mohamed Haneef has won the right to return to Australia after a Federal Court judge today ruled Immigration Minister Kevin Andrews had been wrong to boot him out of the country.
Mr Andrews caused a political storm last month when he stepped in to cancel the one-time terror suspect’s 457 work visa just hours after a Brisbane magistrate freed him on bail.
Quoting police intelligence, the Minister argued Dr Haneef’s association with two male relatives allegedly involved in failed bomb plots in the UK meant he was of bad character and should not be allowed to stay at his home on the Gold Coast.
It later emerged Dr Haneef had given his mobile phone SIM card to second cousin Sabeel Ahmed and had once borrowed money from Sabeel’s brother Kafeel, who has since died after suffering serious burns in a car bomb attack on Glasgow Airport.
But at a Federal Court appeal hearing on August 8 lawyers fighting to have Dr Haneef’s visa reinstated disputed Mr Andrew’s use of the word “association” and questioned whether any relationship with an alleged criminal, even an innocent one, would be enough to cancel somebody’s visa.
But today, Justice Jeffrey Spender found the Minister applied the wrong test when judging Dr Haneef’s character.
Mr Andrews is expected to give a media conference later today.
A spokeswoman for the minister said he was waiting to hear the judge’s full reasoning before commenting.
The Australian Greens immediately called for Mr Andrews to resign after the visa ruling, saying the minister had damaged Australia’s reputation.
“Today’s vindication of Dr Haneef by the Federal Court makes minister Andrews’ position as immigration minister untenable,” Greens senator Kerry said in a statement.
“After this decision, the community is right to have no confidence in minister Andrews or the Federal Government.”
She urged the Government to offer Dr Haneef an apology and compensation.
– The Age
