BACK TO NORMAL: A Federal Court has quashed Australian government's decision to cancel Haneef's work visa.
Australia court returns visa power to Haneef
CNN-IBN
Published on Tuesday , August 21, 2007 at 08:29 in Nation section
New Delhi: A Federal Court judge in Australia on Tuesday quashed a decision by the country’s government to cancel the work visa of Indian doctor Muhammad Haneef who was detained and released in connection with the failed UK terror plot.
In what is being seen as a major loss of face for the Australian government, Federal Court judge Jeff Spender ordered restoration of Haneef's visa, allowing the doctor from Bangalore to return to this country, work as a doctor and resume his studies - unless the authorities contemplate further action.
The court also gave 21 days' time to the Australian Immigration Ministry to file a plea challenging the verdict.
However, sources tell CNN-IBN the Ministry may not file challenge the verdict considering the circumstances under which the court delivered the verdict.
Haneef's lawyer Peter Russo welcomed the decision and said it's a positive development. However, he also said it's still a long way to go before the doctor can return to Australia for work.
Russo said if the Immigration Ministry indeed files a plea, it would not be before December that the case gets settled. But if the plea does gets quashed, Haneef can return to Australia and work there, Russo said.
"It (the legal process) can take longer than three weeks. I have spoken to Haneef and given him the good news. We have won and are in a better position than before as far as the case is concerned," Russo said.
Meanwhile in Bangalore, Haneef's cousin Imran Siddiqui told CNN-IBN that the doctor was very relieved after hearing the court order. "There is no reason why Haneef should not go to Australia," Siddiqui said, adding, "We are thankful to the people of Australia and the media for their support."
Haneef had filed a petition challenging the cancellation of his Australian work visa on August 8 after he was cleared of terror-related charges and allowed to return home on July 27.
Federal Court judge Justice Jeffrey Spender handed his decision in the Brisbane court on Tuesday, overruling Immigration Minister Kevin Andrews decision to cancel Haneef’s work visa.
Andrews had cancelled Haneef's work visa on character grounds last month, saying he had a reasonable suspicion the doctor was associated with terrorists.
He referred specifically to Dr Haneef’s second cousins Kafeel and Sabeel Ahmed - both allegedly involved in failed UK bomb plot.
Haneef’s lawyer Barrister Darryl Rangiah argued in the court on August 8 that Haneef's relationship with the two men could not be a sufficient basis to cancel his visa.
His legal team also described the Australian government's "character test" as too broad and allowing too much leeway for guilt by association.
He also appealed the decision arguing for the doctor’s visa to be reinstated so he could continue his physician training at the Gold Coast Hospital.
Haneef is currently in India with his family, but has said he wants to return to Australia and resume his work.
Haneef was arrested in Brisbane on July 2 and charged with supporting the failed bomb attacks in June. Police later dropped the charge because of lack of evidence.
Australia court returns visa power to Haneef
