Australian government under fire over Haneef visa decision
{{date|July 17, 2007}}
{{Australian news}}
[[w:Australia|Australia's]] [[w:Federal government of Australia|federal government]] has come under fire by prominent human rights lawyer Julian Burnside, Q.C. for using migration laws to circumvent the release of [[w:Mohamed Haneef|Mohamed Haneef]] after he was granted bail in [[w:Brisbane|Brisbane]] Magistrate's Court. 

Haneef is alleged to have provided support to a terrorist organisation, for leaving his mobile phone SIM card with [[w:Sabeel Ahmed|Sabeel Ahmed]] who allegedly had knowledge of the [[w:2007 Glasgow International Airport attack|Glasgow attacks]]. 

Haneef's lawyers have also attacked the government's decision saying it will make it more difficult for Haneef to mount a defence should he be held in immigration detention. His lawyers are considering delaying posting his bail surety until his visa issues are resolved. This will allow Haneef to stay in Brisbane near them, his lawyers say. They have also indicated that they will appeal the government's decision.

Australian immigration minister Kevin Andrews announced yesterday that he had used his powers under the Migration Act to cancel Haneef's visa as he had failed a character check.

Mr Burnside is sceptical of Mr Andrews' motives, claiming the government would not have cancelled Haneef's visa if he had not been bailed. He said Mr Andrew's moves amount to the government interfering in the judicial process.

“They want to keep him here for trial. They waited to cancel his visa until they saw whether he got bail,” Mr Burnside told Southern Cross Broadcasting.

“If he didn’t get bail then they weren’t going to cancel the visa."

“This is a misuse of power in bad faith for the explicit purpose of trumping a magistrate’s order that he should be let out on bail."

“I think it’s disgraceful that Andrews has lent himself to doing it, because as a lawyer, he ought to know better,” said Mr Burnside.

Mr Burnside attacked the government, claiming its decision to cancel Haneef's visa tramples on some of the key foundations of democracy. He further alleged that the government was acting hypocritically. 

“We are supposed to be a democratic society. I thought the war against terrorism was an effort to preserve our democracy. But here we are trashing it left, right and centre in the name of saving it.”

Burnside also questioned the government's anti-terror laws, saying it was  unusual for a person to be charged with giving someone a [[w:Subscriber Identity Card|SIM card]] twelve months earlier.

[[w:Queensland|Queensland's]] Premier [[w:Peter Beattie|Peter Beattie]] called on the immigration minister to explain the reason for Haneef's visa being cancelled. Mr Beattie said that the Australian people believed the government was being heavy-handed.

"But clearly the Federal Minister for Immigration has acted in relation to particular information from the federal police."

"If there's something they have become aware of since this investigation started that's not the subject of the charge, then they should share that with the Australian people," Mr Beattie told the media.

== Related news ==
*{{wikinews|title=Australia: Indian doctor released on bail, detained under immigration laws|date=July 16, 2007}}
*{{wikinews|title=Australian police charge Indian doctor over failed UK bombings|date=July 12, 2007}}
*{{wikinews|title=Raids take place as enquiry into failed UK bombings continues|date=July 6, 2007}}
*{{wikinews|title=Eighth suspect connected to failed UK bombings arrested|date=July 3, 2007}}
*{{wikinews|title=Controlled explosions take place as police enquiry continues|date=July 3, 2007}}
*{{wikinews|title=Further arrests following terror attacks in London and Glasgow|date=July 2, 2007}}
*{{wikinews|title=MI5 terror threat warning level raised to 'critical'|date=June 30, 2007}}
*{{wikinews|title=Car driven into Glasgow International Airport|date=June 30, 2007}}
*{{wikinews|title=Car bomb defused in central London|date=June 29, 2007}}

== Sources ==
*{{source|url=http://www.thewest.com.au/default.aspx?MenuID=28&ContentID=34616
|title=Andrews has trashed our democracy, says top QC
|author=
|pub=The West Australian
|date=July 17, 2007}}
*{{source|url=http://www.nzherald.co.nz/section/2/story.cfm?c_id=2&objectid=10452010
|title=Minister 'should explain Haneef detention'
|author=
|pub=news.com.au
|date=July 17, 2007}}
*{{source|url=http://www.nzherald.co.nz/section/2/story.cfm?c_id=2&objectid=10452010
|title=Australia 'being vindictive' over terror suspect
|author=
|pub=New Zealand Herald
|date=July 17, 2007}}
*{{source|url=http://www.theage.com.au/news/National/Haneefs-barrister-attacks-govt-secrecy/2007/07/17/1184559741919.html
|title=aneef's lawyers may delay posting bail
|author=
|pub=The Age
|date=July 17, 2007}}
*{{source|url=http://www.news.com.au/story/0,23599,22088258-1702,00.html
|title=Haneef's lawyers delay posting bail
|author=Evan Schwarten
|pub=news.com.au
|date=July 17, 2007}}

{{publish}}
{{Archived}}

[[Category:Australia]]
[[category:Oceania]]
[[Category:Crime and law]]
[[Category:Queensland]]
[[Category:Australian immigration policies]]
[[Category:Brisbane]]
Australia's federal government has come under fire by prominent human rights lawyer Julian Burnside, Q.C. for using migration laws to circumvent the release of Mohamed Haneef after he was granted bail in Brisbane Magistrate's Court. 

Haneef is alleged to have provided support to a terrorist organisation, for leaving his mobile phone SIM card with Sabeel Ahmed who allegedly had knowledge of the Glasgow attacks. 

Haneef's lawyers have also attacked the government's decision saying it will make it more difficult for Haneef to mount a defence should he be held in immigration detention. His lawyers are considering delaying posting his bail surety until his visa issues are resolved. This will allow Haneef to stay in Brisbane near them, his lawyers say. They have also indicated that they will appeal the government's decision.

Australian immigration minister Kevin Andrews announced yesterday that he had used his powers under the Migration Act to cancel Haneef's visa as he had failed a character check.

Mr Burnside is sceptical of Mr Andrews' motives, claiming the government would not have cancelled Haneef's visa if he had not been bailed. He said Mr Andrew's moves amount to the government interfering in the judicial process.

“They want to keep him here for trial. They waited to cancel his visa until they saw whether he got bail,” Mr Burnside told Southern Cross Broadcasting.

“If he didn’t get bail then they weren’t going to cancel the visa."

“This is a misuse of power in bad faith for the explicit purpose of trumping a magistrate’s order that he should be let out on bail."

“I think it’s disgraceful that Andrews has lent himself to doing it, because as a lawyer, he ought to know better,” said Mr Burnside.

Mr Burnside attacked the government, claiming its decision to cancel Haneef's visa tramples on some of the key foundations of democracy. He further alleged that the government was acting hypocritically. 

“We are supposed to be a democratic society. I thought the war against terrorism was an effort to preserve our democracy. But here we are trashing it left, right and centre in the name of saving it.”

Burnside also questioned the government's anti-terror laws, saying it was  unusual for a person to be charged with giving someone a SIM card twelve months earlier.

Queensland's Premier Peter Beattie called on the immigration minister to explain the reason for Haneef's visa being cancelled. Mr Beattie said that the Australian people believed the government was being heavy-handed.

"But clearly the Federal Minister for Immigration has acted in relation to particular information from the federal police."

"If there's something they have become aware of since this investigation started that's not the subject of the charge, then they should share that with the Australian people," Mr Beattie told the media.

category:Oceania
Australia Crime and law Queensland Australian immigration policies Brisbane