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Australian court reserves decision in Haneef visa appeal

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Agencies

Posted: Nov 15, 2007 at 0000 hrs IST

Melbourne, November 15: An Australian court on Thursday reserved its verdict on an appeal by Immigration Minister Kevin Andrews against its earlier decision to reinstate the visa of Indian doctor Mohamed Haneef, who was cleared of terror charges in connection with the failed UK car bombings.

On August 21, the Brisbane federal court Justice Jeffery Spender found Andrews used the wrong legal test to cancel the visa of Haneef, who spent nearly a month in custody before being absolved of charges against him in July.

He ruled that Andrews was wrong to use Haneef's association with his second cousins and UK terrorism suspects Sabeel and Kafeel Ahmed, local radio channel in Melbourne on Thursday.

Haneef's lawyers argued that Andrews acted improperly in cancelling the visa because he wanted to keep the Indian doctor in jail rather than deport him and this aspect should have been taken into consideration.

Solicitor General David Bennett, on behalf of Andrews, told the full bench that changes to the Migration Act set a "deliberately low bar" for the minister to decide if a person is not of good character because of his associations.

"Andrews had not been wrong in his act as Haneef's association with the Ahmeds went beyond family ties or casual acquaintance," he argued adding that under the amended Act, it was difficult to allow ministerial discretion.

The court heard the easiest way to view the changes was whether the minister believed a person was mates with people who are not of good character.

The court has reserved its decision to a date to be fixed.

Meanwhile, lawyers for Haneef were hoping to present fresh evidence in their round-two court battle to have the one-time terror suspect's immigration visa reinstated, 'The Age' reported.

Haneef's barrister, Stephen Keim SC, is expected to seek permission from three Federal Court judges later on Thursday to use the evidence - believed to be a series of potentially damaging government emails - in appeal proceedings launched by Andrews to block a possible return to Australia by Haneef.

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