If your cousins are terrorists, hang on to your SIM cards

GREG WOOD/AFP/Getty Mohamed Haneef, the Indian doctor who was detained for 25 days in Brisbane for allegedly providing “reckless support” in the recent London terrorist bombing attempts, may soon be able to return to Australia after leaving the country for India when his work visa was revoked. Australia’s hardline immigration minister, Kevin Andrews, canceled Haneef’s ...

GREG WOOD/AFP/Getty

GREG WOOD/AFP/Getty

Mohamed Haneef, the Indian doctor who was detained for 25 days in Brisbane for allegedly providing “reckless support” in the recent London terrorist bombing attempts, may soon be able to return to Australia after leaving the country for India when his work visa was revoked. Australia’s hardline immigration minister, Kevin Andrews, canceled Haneef’s work visa because he found Haneef’s character to be suspicious—though the Australian Federal Police ultimately dropped charges against him. The chief prosecutor admitted “a mistake has been made.” Yet Andrews apparently has no regrets about his decision.

Now, the Australian Federal Court, the second highest court in Australia below the High Court,  has ruled that Andrews decision was, in fact, legally wrong: The visa was wrongfully revoked and should be reinstated. Justice Jeffrey Spender found that Andrews made a “jurisdictional error,” and that the “alliance” between Haneef and UK terror suspects Kafeel and Sabeel Ahmed were not sufficiently strong. Haneef simply left his cell phone’s SIM card with his second cousins, who were implicated in the case. Police initially believed it was found in the burning car in Glasgow, but it was actually found 185 miles from the city in his cousin’s flat.

But the Federal Court’s decision is unlikely to deter Andrews from seeking to prevent Haneef from returning from Bangalore to his job on the Gold Coast. He’s already signaled the possibility that he will challenge the Court’s decision, with Australian Prime Minister John Howard adding, “We haven’t heard the last of this because the government’s appealing.” In such a politicized case in the lead up to Australia’s election season, it’s a relief that at least the courts can offer some hope for a fair outcome.

Prerna Mankad is a researcher at Foreign Policy.

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