Australian Federal Court Judge, Justice Jeffrey Spender, has termed the timing of Immigration Minister Kevin Andrews decision to cancel Indian born doctor Mohamed Haneefs work visa, as suspicious.
Melbourne, Aug 9 : Australian Federal Court Judge, Justice Jeffrey Spender, has termed the timing of Immigration Minister Kevin Andrews' decision to cancel Indian born doctor Mohamed Haneef's work visa, as "suspicious".
"The chronology is suspicious," Justice Spender said, when Dr Haneef's legal team pushed ahead with an application to return the former Gold Coast doctor's visa.
Commonwealth Solicitor-General QC David Bennett immediately argued against the comment, The Age reported.
Bennett said it was only the timing of the decision that was affected, not the decision itself.
He said Andrews had already indicated that he had taken into account the decision by the Brisbane Magistrates Court to grant Dr Haneef bail "as a matter in Indian doctor's favour".
Bennett also argued that media deadlines and other news events on that day might have influenced the timing of the decision.
Dr Haneef was granted bail on July 16, but hours later, Immigration Minister Andrews announced that he was revoking Indian doctor's visa.
Meanwhile, Justice Spender reserved his decision on Dr Haneef's visa until August 21.
Andrews cancelled Dr Haneef's work visa when the Gold Coast Hospital doctor was detained by Australian Federal Police (AFP) for questioning over last month's failed UK bomb attacks.
Andrews cancelled the visa, saying Dr Haneef had failed the character test provided by immigration laws, because he had an association with people suspected of criminal activity, namely his second cousins Sabeel and Kafeel Ahmed.
Dr Haneef's lawyers argued it was no more than an "innocent association" and not a valid reason to cancel his visa, the Sydney Morning Herald reported.
Andrews never simply relied on the fact that Dr Haneef was second cousins with Kafeel and Sabeel Ahmed, Bennett said.
The minister had based his decision on a number of factors including that Dr Haneef had lent his mobile phone SIM card to Sabeel Ahmed when he left the UK last year and had borrowed money from Kafeel, Bennett said.
Dr Haneef, who was working as a registrar at the Gold Coast Hospital, returned to India last month after a charge of providing support to a terrorist organisation was dropped.
The case resumed in the Federal Court this morning for two hours after adjourning yesterday afternoon.
ANI