Immigration Minister Kevin Andrews has said that the Australian Government would appeal against a court ruling overturning his decision to cancel Indian born doctor Mohamed Haneefs visa.
Melbourne, Aug 21 : Immigration Minister Kevin Andrews has said that the Australian Government would appeal against a court ruling overturning his decision to cancel Indian born doctor Mohamed Haneef's visa.
"When I made the decision to cancel Dr Haneef's visa, I made it in the national interest and I stand by that decision. I have instructed the Australian government solicitor to lodge an appeal," Andrews said.
Australia's Federal Court today ordered the government to return Indian doctor Mohamed Haneef's work visa, which was cancelled on character grounds last month.
Quashing Immigration Minister Kevin Andrews' decision to cancel Haneef's visa, Justice Spender issued an injunction restraining Andrews from acting upon the cancellation of the visa, and ordered he pay Haneef's costs, The Australian reported.
Justice Spender said that contrary to some media reports, which he described as "scandalous", the case was not a contest between the judiciary and the Howard Government.
He further observed that remarks making claims of tension between judges and the Federal Government was "ignorant and grossly misinformed."
Justice Spender was quoted as saying that Andrews fell into jurisdictional error by applying the wrong test when determining whether to cancel the visa, adding that the minister's decision must be set aside.
Andrews had cancelled Haneef's work visa on character grounds last month on suspicion that Haneef was "associated" with terrorists.
Haneef's lawyers challenged the decision, and at a hearing in the Federal Court on August 8, they argued for his visa to be reinstated.
Meanwhile, news.com.au quoted Haneef's lawyer, Peter Russo, as saying that his client still wanted to return to work in Australia.
Russo said he spoke to Haneef, who is still in India, last night.
"The main issue is what he wants to do in the future," Russo said on ABC radio. "And, it's his wish to return to Australia to continue his studies."
Haneef, who was working as a registrar at the Gold Coast Hospital before his arrest, returned to India last month after a charge of providing support to a terrorist organisation was dropped.
ANI