Melbourne: Mohammad Haneef on Wednesday launched his court battle to get back his work visa revoked by the Australian government after he was charged with terrorism offence with the lawyers for the Indian doctor saying the decision was ‘legally flawed.’
The lawyers told the Federal Court in Brisbane that the doctor should not have failed a ‘character test’ simply because he was related to men allegedly involved in the foiled terror plot in London and Glasgow.
Justice Jeffery Spender adjourned till Thursday further hearing on the appeal by Haneef against Immigration Minister Kevin Andrews's decision to cancel Haneef's work visa on character grounds, citing his association with second cousins Sabeel and Kafeel Ahmed, who were allegedly involved in the plots.
The lawyers said the decision was based on "a misconstruction of the word association". Haneef has said he wants to return to Australia and his job at the Gold Coast Hospital in Queensland state.
Appearing for Haneef, Barrister Darryl Rangiah argued in the court on Wednesday that Haneef's relationship with the two men could not be a sufficient basis to cancel his visa.
Haneef was arrested in Brisbane on July 2 and charged with supporting the failed bomb attacks in June. Police later dropped the charge because of a lack of evidence. Haneef proclaimed his innocence after he was freed to return home to Bangalore on July 28.
Haneef's legal team described the federal government's "character test" as too broad and allowing too much leeway for guilt by association.
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