Terror case doctor wins court visa challenge
An Australian court today overturned the government’s decision to cancel the work visa of an Indian doctor accused – and later cleared – of links to the failed June terrorist attacks on London and Scotland.
However, Federal Court Justice Jeffrey Spender did not reinstate the visa and has left open the potential for the government to cancel it again for other reasons.
Spender handed down his decision in Brisbane, where Mohammed Haneef, 27, was arrested on July 2 and held for nearly a month on suspicion of supporting the foiled plots.
Police later dropped the charge for lack of evidence and Haneef was allowed to return to his native India.
But last month, immigration minister Kevin Andrews revoked Haneef’s visa on character grounds, saying he had a reasonable suspicion the Indian doctor had an “association” with his second cousins, Sabeel and Kafeel Ahmed, both suspects in connection with the failed attacks.
Spender ruled that Andrews made a technical error in cancelling Haneef’s visa on character grounds.
Instead, he said Andrews should have cancelled the visa on grounds that London police had informed Australian authorities that Haneef was a suspect in the case and that he had been charged with a terrorism offence at the time the visa was cancelled on July 16.
But Spender said Andrews may no longer be able to use those grounds to cancel Haneef’s visa, and granted the government 21 days to respond to his ruling.
Andrews did not immediately comment, but earlier he said the case would probably go to appeal.
Haneef’s lawyer, Peter Russo, said he hoped the court would accept the decision “with good grace” and clear the way for the doctor to return to Australia to continue his medical career.
In India, Haneef’s cousin and spokesman Imran Siddiqui said the family was happy about the decision, but nervous about the possibility for an appeal.
“Every time we have positive news from the judiciary, there is bad news also,” he said. “If they appeal, it’s going to be another long matter.”
Haneef had been charged with providing reckless support to a terrorist organisation because he gave his mobile phone SIM card to Sabeel Ahmed when he left Britain in July last year.
British police have charged Sabeel, 26, with withholding information that could have prevented an act of terrorism. His brother Kafeel Ahmed died this month from burns sustained when he allegedly crashed an explosive-laden Jeep at Glasgow Airport on June 30.
Haneef has repeatedly claimed that he gave his SIM card to his cousin so he could take advantage of extra minutes remaining on the plan, and had no idea of his cousins’ alleged involvement in the terror plots.
