Brisbane, Aug 21 (IANS) Indian doctor Muhammad Haneef’s work visa has been reinstated by the Australian judiciary. He can now return to Australia and resume work.
This was announced by Acting Chief Justice Jeffery Spender of the Federal Court in Brisbane. Spender ruled Immigration Minister Kevin Andrews was wrong in cancelling Haneef’s visa.
Haneef’s 457 work visa was cancelled on July 16 by Andrews hours after he was granted bail by a Brisbane magistrate. The minister, like other members of the John Howard government, cited character grounds and national security as the reason for Haneef’s visa cancellation.
Andrews had said, “I am satisfied the cancellation is in the national interest. Based on information and advice I have received from the Australian Federal Police I reasonably suspect that Dr. Haneef has had or has an association with persons involved in criminal conduct namely terrorism.”
Haneef’s second cousins Kafeel and Sabeel Ahmed were both allegedly involved in the British bombing plots.
Haneef has been asserting his innocence all along and has been determined to get his visa reinstated and clear his name.
However, Andrews said Tuesday’s ruling will not be the end of the matter and he expects the court’s decision to be challenged. He said, “I don’t think today will be the end of the matter, I think whatever the result in the court today that’ll probably end up on appeal and who knows even in the high court one day.” (High Court of Australia is equivalent to the Indian Supreme Court)
Justice Spender has been critical of Andrews’ controversial character test applied to cancel Haneef’s visa. He had said that by this standard he too would have failed the test as he had represented criminals during his career as a barrister.
The 27-year-old Bangalore doctor, who was working as a registrar in the Gold Coast Hospital, was arrested holding a one-way ticket to India on July 2 by the Australian Federal Police (AFP) at Brisbane International Airport in connection with the foiled British bomb plot. He was charged with supporting a terrorist organisation by “recklessly” giving his mobile phone SIM card to people planning the London and Glasgow bomb attacks.
He was incarcerated in Australia for 25 days and flew home to Bangalore on July 27 after charges against him were dropped.
At the appeal hearing on Aug 8, lawyers for the former Gold Coast registrar argued that the minister’s decision was based on “a misconstruction of the word association” and it was no more than an “innocent association” and not a valid reason to cancel his visa.
Solicitor-General David Bennett Q.C., representing the Immigration Minister, had argued the minister had based his decision on a number of factors including that Haneef had lent his mobile phone SIM card to Sabeel when he left the UK in 2006 and had borrowed money from Kafeel.
Haneef lawyer Peter Russo, who spoke to him in India, told ABC Radio Tuesday: “It’s his wish to return to Australia to continue his studies. The main issue is that he doesn’t have a visa but the other issue is that perhaps his family may not think that it’s the wisest thing for him to do.”
Meanwhile, according to media reports here fresh details emerging about the Glasgow Airport terror attack suggest that the terrorism charges by the AFP against Haneef and later dropped were even more questionable than previously believed.
Haneef’s only alleged link to the crime was through his second cousin Sabeel Ahmed. He had given the SIM card to Sabeel before he moved to Australia from Britain last year so that his cousin could take advantage of free minutes left on his mobile phone plan.
According to media reports here, legal sources in Britain have confirmed that Sabeel did not appear to have known in advance about the attack and was warned only 90 minutes after the burning jeep rammed into the Glasgow Airport building that something was being planned.
The charge against Sabeel of withholding information is based on an email sent to him by his brother, Kafeel, two hours before the Glasgow attack in which Kafeel is believed to have claimed responsibility for two failed car bombings in London and the Glasgow attack.
But The Guardian newspaper has reported that Kafeel’s email was not opened until 90 minutes after the Glasgow attack. Lawyers in London told The Australian newspaper that Sabeel had been charged under a provision of the withholding information offence that refers to information that could help police catch the perpetrator of a crime, rather than information that could help to prevent an offence.
Sabeel was arrested eight hours after the Glasgow Airport attack in Liverpool. The Guardian, quoting government sources, said two hours before driving the blazing jeep into the airport, Kafeel had sent a text message with a link to an email that amounted to a “claim of responsibility” for the London and Glasgow attacks.
In the email, he wrote that Sabeel would be shocked to read what he was about to tell him of his involvement in terrorism. He claimed in the email that he wanted martyrdom and that his actions were carried out in the name of Allah. Kafeel died on Aug 2 of burns sustained during the failed attack.