Launching a court bid to free Haneef, who has been in the Brisbane watchhouse since July 2, his lawyer Peter Russo said his client was getting depressed after 11 days in detention.
Haneef had become "a bit teary" when they discussed the length of time he already had spent in custody, the lawyer was quoted as saying by The Australian newspaper.
The 27-year-old doctor's legal team was on Friday expected to argue for hearing the case to step aside, before challenging a bid by police to detain Haneef for a further three days.
"(Today's hearing is) really just in relation to the unfairness of detaining someone this length of time," Russo said adding, "and also for detaining someone in a situation in which they haven't been further questioned."
According to media reports, the medical practitioner has claimed himself to be an innocent pawn, wrongly deemed guilty by association and family ties to known British terror suspects.
"He (Haneef) is not, he insists, a terrorist," The Australian said.