Concerns have been raised that political calculations were part of Immigration Minister Kevin Andrews' decision to use Immigration laws to keep Gold Coast Doctor Mohamed Haneef behind bars.
Among the critics was former New South Wales attorney-general John Dowd, now with the International Committee of Jurists.
"This is a vote-winner for the Government," he told the ABC. "There's no doubt that the people, a lot of the people out there—they say: 'Yes, well he ought to be kept away', and how the Government's got to protect us and so on—this is politically astute."
Australian Federal Police (AFP) arrested Dr Haneef—an Indian national—at Brisbane International Airport on July 3, following a tip-off from British police.
The 27-year-old was charged 12 days later with "providing support to a terrorist organisation" because he gave his mobile phone SIM card to his second cousin, Sabeel Ahmed, who has since been charged with links to the attacks in London and Glasgow.
The card was allegedly found in the Jeep that was driven, by Ahmed's brother Kafeel, in the failed attack on Glasgow airport, The Australian reported.
Mr Andrews revoked Dr Haneef's visa on Monday July 16 on the grounds of undesirable character.
"I reasonably suspect that he has or has had an association with persons engaged in criminal activity, criminal conduct, namely terrorism in the UK," Mr Andrews told a news conference in Canberra.
Australia's immigration laws give the minister the power to cancel or stop a visa if a person fails a "character test" or is reasonably suspected of being involved in criminal conduct.
Mr Andrews told ABC that he plans to detain Dr Haneef in Villawood detention centre until he is deported or convicted.
The decision overrides that of Queensland Magistrate Jacqui Payne who granted Dr Haneef $10,000 bail on the grounds that the SIM card had not been used in relation to the British terror plot, Reuters reported.
Although Mr Andrews has refused to disclose any specifics as to why he chose to override the magistrate's judgment, sources in the AFP, which were reported in The Australian, said he was shown information by the police that was not tendered to the courts.
Clive Williams, lecturer in terrorism and international relations at ANU, said he was at a loss to explain why the minister would insist on Dr Haneef's detention when the magistrate had deemed it safe to grant bail. The only conclusion, he said, was that it was an election play.
"I can understand why he [Dr Haneef] has been picked up and I can understand why he has been interrogated," Mr Williams told The Epoch Times. "I can understand that even the holding charge might be necessary because after all that would eventually be tested in a court of law. I am at a loss to explain, other than in political terms, what took place when he was sent to Villawood."
Mr Williams said it could "be viewed very safely as the Government seeking to send some sort of message to the population in general that it is tough on anything to do with terrorism, and it is seeking to do this by way of a political decision, which could not in any way be entrusted to a judge".
Federal Opposition immigration spokesman Tony Burke said Labor has backed the Governments decision saying there were two separate areas of law involved—criminal and administrative.
"The decision today is an administrative law decision," he said. "Labor provides in principle support for that decision."
However, Mr Burke did say Labor would be seeking briefings from the AFP on the issue.
Dr Andreas Schloenhardt, lecturer in law and terrorism at the University of Queensland, said he had no explanation for Mr Andrews' decision and was not convinced that the motives of both parties were not politically tinged.
Labor, he said, could not afford to reject the Government's decision.
"With an election looming Labor does not want to be seen being soft on these sorts of issues and they might as well sacrifice a poor Indian doctor for that," he said.
Queensland Premier Peter Beattie says the move may well be justified, but without knowing the reasons behind it, the decision was concerning.
"I'm prepared to be as tough and ugly on terrorists as everyone else, but clearly the Federal Minister for Immigration has acted in relation to particular information from the Federal Police," he said.
"I think there is a growing disquiet about this matter in terms of how the Federal Government has handled it.
"I don't intend to be critical of them other than to say, for God's sake explain to Australians why you have taken this course of action."
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