We’ve got a terrorist of our own and we’re not letting go of him

Dr Mohamed Haneef. the Indian doctor who is risking Australia’s national security by giving his old mobile phone sim card to his relatives when he left England for Australia, was granted bail yesterday after having been charged with providing support to terrorists. However, his freedom was shortlived, as before he was released, Immigration Minister Kevin Andrews cancelled his visa for residency in Australia on character grounds, meaning he will be taken into immigration detention. This apparently will last until his trial on the terrorism charge, but if found not guilty he will most likely be deported from Australia anyway.

So as well as the original charges, which I think are bullshit anyway, we now have the government using immigration powers to overrule (effectively) the court’s decision to release Dr Haneef on bail. The reason for this is simply the government’s determination not to let him go. I think its all to do with the government wanting to show everyone “look we’ve got ourselves a real live terrorist and we’re going to be tough on him” regardless of how spurious the charges are, how tenuous the doctor’s connection to terrorists, etc.

According to the magistrate who granted Haneef bail, the circumstances that justified him being released, included that he was not alleged to have been directly involved with a terrorist group behind last month’s failed extremist attacks in London and Glasgow; that the mobile phone SIM card he gave to his second cousin was not alleged to have been used as part of an attack; that he left it with his family member when leaving Britain; that he was a doctor studying with the Australian College of Physicians; that he had no criminal history and a good employment history; that his passport had been taken and that he was likely to be placed under surveillance if released.

But this was not the result the AFP and government wanted, so Mr Andrews got in on the act, and said that, after conversations with the Australian Federal Police, he was satisfied Haneef had an association with persons involved with criminal conduct, and as a result said he was satisfied the Indian-born doctor had failed the “character test”.

And of course this had nothing to do with any judgement that the minister or government is making about the merits of the criminal charges against Dr Haneef! Mr Andrews said he was not commenting on the legal charge, nor attempting to interfere in it, he was simply exercising his duties under the Migration Act. Sure, I believe you Kevin!

The government’s action in cancelling the visa has been met with outrage in legal circles. And quite rightly! Stephen Estcourt, president of the Australian Bar Association, could not believe the minister’s action. He said the minister was “usurping the role of the court” to take action now. He said:

“Usually this sort of visa cancellation takes place after charges have been laid against someone and they`ve run their course and they’ve resulted in a penalty being imposed … I have not heard of this power being used pre-emptively in this way.

“It has got to be seen as a threat to the rule of law if a ministerial discretion is used to effectively reverse, or to reverse for practical purposes a decision of the court. And it’s sophistry to say that one’s got nothing to do with the other.”

Yep, but lets not let the rule of law get in the way of bignoting ourselves about being tough on terrorism …those sim card givers away are a serious threat to the Australian way of life.