Australian Government files appeal against Haneef judgement

The Australian Government has filed an appeal against a court decision to set aside the cancellation of Indian doctor and cleared terror suspect Mohamed Haneefs visa.

Sydney, Sept.5 : The Australian Government has filed an appeal against a court decision to set aside the cancellation of Indian doctor and cleared terror suspect Mohamed Haneef's visa.

In a statement today, Australia's Immigration Minister Kevin Andrews said the Australian Government's solicitor had lodged an appeal against Federal Court Judge Jeffrey Spender's decision to set aside Dr. Haneef's visa cancellation.

Andrews said that the appeal was lodged in Brisbane's Federal Court, and added that the Government had also sought an extension to the stay on Dr Haneef's visa.

"As minister for immigration and citizenship, I made the decision to cancel Dr Haneef's visa in the national interest and I stand by that decision," the Sydney Morning Herald quoted Andrews as saying in a statement.

"It was the correct decision for the national interest and I believe that Justice Spender is wrong in his interpretation of the legislation. It is a privilege for visitors to be granted a visa to be in Australia, it is not an inalienable right. The security of the nation and the protection of all Australians comes first," Andrews added.

On August 21, Andrews said he would go to the High Court if necessary after Judge Spender had ordered Dr Haneef's work visa to be returned.

Justice Spender claimed Andrews had fallen "into jurisdictional error" when he cancelled Dr Haneef's visa on July 16. He said then that parliament could not have intended to enact a law that allowed a minister to oust a person for having an innocent association with someone suspected of criminal conduct.

But Andrews said he believed the judge was wrong and the government would appeal to the full bench of the Federal Court. The order was stayed for 21 days.

Dr Haneef, who has since returned to India, was charged on July 14 with intentionally providing resources to a terrorist organisation - a charge, which was later dropped. The charge related to him giving his mobile phone SIM card to Sabeel Ahmed in Britain the year before.

ANI