M A I N   N E W S

Haneef wins visa battle
Minister made jurisdictional error: Australian court
Neena Bhandari

Brisbane, August 21
An Australian court here today reinstated Indian doctor Muhammad Haneef’s work visa, paving the way for him to return to work here and leading to calls for immigration minister Kevin Andrews resignation.

The Australian Greens Party demanded Andrews’ resignation after acting Chief Justice Jeffery Spender of the federal court ruled that the minister made a jurisdictional error when he cancelled Haneef’s visa on character grounds.

Spender said the minister should have cancelled it on the grounds that Haneef was a person of interest to British authorities and that he had been charged with an offence. However, he may not be able to make a decision on those grounds now. The minister, who has 21 days to respond to the ruling, has also been ordered to pay Haneef’s costs.

Haneef, who was alleged to have supported the foiled bombings in Britain till the charges were dropped, may not get his visa for another 21 days.

His 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.

But Haneef, who has been asserting his innocence all along and has been determined to get his visa reinstated and clear his name, has more battles to fight.

Welcoming the court’s decision in his client’s favour, Haneef’s lawyer Peter Russo said: “Today’s decision may just be just a first step in a legal battle that is not over. He and his family are gratified by the decision, but prepared for further legal battles, if necessary. Until these matters are finally resolved, Haneef and his family feel they are unable to return to a normal life, both in India and abroad.

“I would hope the minister will accept the court’s decision with good grace and clear the way for Haneef to return to Australia to complete his medical work and specialist studies,” he added.

Russo, who spoke to Haneef in India, said: “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.”

Andrews also said the ruling would not be the end of the matter. The High Court of Australia is equivalent to the Indian Supreme Court.

The 27-year-old doctor, who was arrested July 2 and incarcerated for 25 days, was charged with being “reckless” in giving his mobile SIM card to his cousin Sabeel Ahmed.

Sabeel is facing trial in Britain for not informing the authorities about the plot.

Sabeel’s elder brother Kafeel Ahmed, a mechanical engineer, is believed to be the man who drove a gasoline-filled jeep into Glasgow airport. — IANS

It is for him to decide on going back: Family
Jangveer Singh
Tribune News Service

Bangalore, August 21
Though Bangalore doctor Mohammad Haneef did not comment on the decision of a Brisbane court restoring his work visa, his family reacted with joy at the decision, saying it vindicated their stand that the Indian doctor had been treated unfairly by the Australian authorities.

Haneef, who, sources said, was in Mysore, chose to remain incommunicado. His wife, Firdaus, was also unavailable for comment. However, other family members while reacting to the development said it was up to Haneef to decide whether he wanted to return to work in Australia.

Haneef’s sister-in-law, Bisma, said the family had mixed feelings about letting Haneef go back to Australia. His father-in-law, Afshaq Ahmed, however, said the family wanted Haneef and Firdaus to take a final decision on the issue. “It is up to them to decide”, he said, adding the family would respect the decision taken by the couple.

Haneef’s mother-in-law, Farhadh Jahan, said the family was happy that the truth had finally prevailed. The family members were besieged with calls as well as visits from relatives who celebrated the latest outcome by distributing sweets.

Haneef’s cousin, Imran Siddiqui, who had spearheaded the campaign to get Haneef back to India earlier, said Haneef would join the battle with Australian Immigration Minister Keven Andrews who has been quoted as saying that the government would appeal against the decision of the Brisbane court restoring Haneef’s visa. “We will fight back and have complete faith in the Australian judiciary”, he said, adding Haneef wanted to go back to work in the Gold Coast hospital.

Haneef had been arrested on July 2 by the Australian Federal Police (AFP) when he was about to board a flight to India on charges of having a connection with the terror strike at the Glasgow airport in the UK. He was confined to a detention centre for 25 days before being released when the AFP could not produce any evidence against him in court.