Visa cancellation: Court hears Haneef's appeal

An Australian federal court on Wednesday heard an appeal filed by doctor Mohammed Haneef against the cancellation of his work visa by the government.

At the appeal hearing in the federal court in Brisbane, Haneef's lawyers argued that the decision of Immigration Minister Kevin Andrews to cancel the visa was based on "a misconstruction of the word association".

The 27-year-old Indian doctor was arrested in Brisbane on July 2 and charged with supporting the failed terror attacks in London and Glasgow. He is the second cousin of Sabeel and Kafeel Ahmed, the accused in these attacks.

Haneef was granted bail later, but Andrews revoked his work visa citing his association with Sabeel and Kafeel.

The charge of "providing reckless support to a terrorist organisation" against Haneef was subsequently dropped and he returned to India on July 28.

Barrister Darryl Rangiah told the court on Wednesday that Haneef's relationship with the two men did not provide sufficient ground to cancel his visa.

Barrister Stephen Keim, leading the lawyers' team for Haneef, questioned the wisdom of Andrews' decision in revoking his client's visa and detaining him. Judge Spender responded that he was not interested in the "wisdom" of the decision, only in its legality.

The hearing may be extended till Thursday.

Earlier, Haneef's legal team described the federal government's "character test" as too broad. Rangiah suggested that the character test should also be open to interpretations of an "innocent" nature.

He pointed out that "innocent" associations included mothers and wives of people involved in criminal acts.

Judge Spender has to determine if the cancellation of Haneef's work visa was within the immigration minister's discretionary power.

Later, Judge Spender asked Rangiah about Haneef's association with Sabeel and Kafeel Ahmed. "He had an ongoing association with them," said Rangiah.

Judge Spender said it could be argued that Haneef was an associate of criminals, who were involved in criminal acts. "You might think that his remaining in Australia was a risk to the country," he said.

Supporters of the Indian doctor staged a rally outside the court premises. The participants in the rally condemned Andrews' decision. However, the activists' plea to local motorists to "Honk for Haneef" received little support from Brisbane drivers.