CANBERRA—The federal government intervened today to keep Indian doctor Mohamed Haneef behind bars, cancelling his visa on character grounds just hours after a magistrate granted him bail on a terrorism charge.
Lawyers for Haneef tonight said they will appeal the government's visa decision, which will keep the Gold Coast-based doctor in immigration detention pending the outcome of his case.
Legal experts accused the government of undermining the independence of the court system, while minor parties said Immigration Minister Kevin Andrews' intervention was political.
However Labor supported the minister's decision.
The controversial move came just hours after Brisbane magistrate Jacqui Payne granted $10,000 bail to Haneef, a 27-year-old registrar accused of providing support to a terrorist group.
Ms Payne granted bail on grounds including that Haneef had no known links to a terrorist organisation, and in spite of prosecutors' calls that he only be released in "exceptional circumstances".
But within hours, Mr Andrews told journalists he was revoking Haneef's skilled migrant 457 visa.
"Today I've exercised my powers ... to cancel the visa of Dr Mohamed Haneef," Mr Andrews said.
"Based on information and advice I have received from the Australian Federal Police, I reasonably suspect that Dr Haneef has had or has an association with persons involved in criminal conduct, namely terrorism.
"I'm satisfied the cancellation is in the national interest.
"I have a responsibility and a duty as minister under the (Migration) Act to turn my mind to the question of whether Dr Haneef passes the character test."
Mr Andrews said the visa cancellation had nothing to do with whether Haneef received a fair trial.
"This is a direct responsibility set out in the Migration Act, this is not the first person, indeed, whose visa has been cancelled."
Haneef was tonight expected to be handed over to immigration officials in Brisbane and will be transferred to Sydney's Villawood detention centre as soon as possible.
The 27-year-old was charged on Saturday with "recklessly" supporting a terrorism organisation after being held in custody for almost two weeks under anti-terrorism laws.
He has not entered a plea and will not face court again until August 31.
Haneef was arrested at Brisbane airport on July 2 trying to board a flight to India, where his wife had just given birth.
Police allege the Indian national recklessly, rather than intentionally, provided a mobile phone SIM card to a relative who was later involved in plotting car bomb attacks in the UK.
Human rights lawyer Greg Barns, a former Howard government adviser, said today the decision to revoke Haneef's visa "looks bad".
"It looks as though the commonwealth has sought to get around their failure in Brisbane this morning to stop Dr Haneef from getting bail, by using the Migration Act to achieve this end," he said.
"Mr Andrews could have made a decision on Dr Haneef when he was charged over the weekend - why wait until now?"
Andrew Lynch, a senior lecturer in constitutional law at the University of NSW, said the decision essentially prejudged the court process.
"We have a separation of judicial power (from political power) in this country; people are entitled to a fair trial and a fair process," he told Sky News.
Sensing a potentially damaging election-year debate on national security, Labor supported the visa decision.
"The minister has obligations under the Migration Act and based upon what's publicly available he's exercised those obligations appropriately," opposition immigration spokesman Tony Burke said.
Haneef's lawyer, Peter Russo, said he would lodge an application with the Federal Court to review the visa decision.
Mr Andrews' move contradicted statements from Prime Minister John Howard and Attorney-General Philip Ruddock that Haneef was entitled to the presumption of innocence, he said.
"We are very concerned at the minister's actions," Mr Russo said.
"It is as if the commonwealth put everything they had before the umpire and then, not liking her decision, took the game into their own hands."
Mr Russo said Mr Andrews' statement that his client had or has had an association with people involved in terrorism demonstrated the minister did not understand the principle of innocent until proven guilty.
Greens Senator Kerry Nettle said the decision has damaged Haneef's chance of getting a fair trial.
"It's throwing away the concept of somebody being innocent until proven guilty," she told ABC Radio.
Democrats Senator Andrew Bartlett added: "This is clearly 100 per cent about politics and about the government's short-term political survival."
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