Click to play videoNew Delhi: Mohammed Haneef won a court battle on Friday to return to Australia on a work visa. It's a big legal victory for the Indian-origin doctor from Bangalore, who had been detained in Australia earlier this year on charges of terrorism and later stripped of his work visa on character grounds.
The full Bench of the Australian Federal Court dismissed an appeal lodged by federal government lawyers against a judge's decision to reinstate Mohammed Haneef's visa.
Haneef's visa had been seized after his detention in connection with the failed terrorist attacks allegedly involving his relatives in London and Scotland in June. Later, even after the doctor was cleared of all these charges, the Australian government had revoked his visa on character grounds.
Sources, however, say Haneef's battle may not be over yet as the federal government could potentially appeal the decision in the High Court or refuse a visa on new grounds.
But the 27-year-old doctor's lawyer Peter Russo said outside court that it was not clear whether his client would return to Australia to work even if he is allowed to.
Haneef's lawyer, Peter Russo, has said that Haneef is keen to return to Australia.
“There are no firm claims for Mohamed to return to Australia as we need to verify that he has still got the job at the Gold Coast Hospital. His wish is to return to Australia. We have to wait for the Minister for Immigration to see how he wishes to deal with the visa issue. There is only one more court for the immigration to go to and that’s the High Court of Australia,” he said.
Meanwhile, Haneef's cousin Imran Siddiqui says the doctor has not yet made up his mind about going to Australia. “It’s good news to get on Eid. We had a discussion and he definitely told me that he is going to Australia and about his working there. We have to wait and see. If after coming back from Haj he gets more of a positive signal, then he might decide to go back to Australia, the decision of which is reserved till the verdict,” he said.
Haneef had appealed the decision "firstly, to enable him to make that decision as to whether or not he will come back and secondly, for him to clear his name and get on with his life," Russo said before the decision was handed down in the southern city of Melbourne.
He said he was frustrated that the new Immigration Minister Chris Evans, whose party came to power at elections last month, had said he may want to consider the court's decision for 28 days before responding.
"I find that difficult to understand why he has not turned his mind to a position in relation to Mohammed's visa because the ultimate decision rests with the minister," Russo said.
Russo said no decision had been made about whether or not Haneef would also seek compensation.
Australian Federal Police arrested Haneef at Brisbane International Airport in Queensland on July 2 as he attempted to board a one-way flight to India, just days after failed United Kingdom terror attacks.
He was held for 12 days before finally being charged with providing support to a terrorist organisation for giving his mobile phone SIM card to his cousin Sabeel Ahmed, one of the men accused of the attempted bomb attacks.
The charge was dropped two weeks later after Commonwealth Director of Public Prosecutions Damien Bugg found there was no reasonable prospect of securing a conviction.
Haneef has spent most of the past five months at his family home in Bangalore, but Russo has repeatedly said he wants to return to work at the Gold Coast Hospital.
Haneef is currently in the Saudi Arabian city of Mecca on the annual Muslim pilgrimage.
(With PTI inputs)
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