. He can be charged at more than $100 a day for his Villawood stay if the Government chooses to pursue costs.
The minister draws his powers from Section 501 of the Migration Act, which deals with refusal or cancellation of visas on character grounds.
"Section 501 of the act is amenable to broad discretions and it depends on political will of the day as to how they are exercised," said Ray Turner, a specialist in immigration law.
"[When] the current Government came to power and Philip Ruddock became immigration minister, the character test became the important aspect of immigration law it is now."
When Haneef applied to work in Australia last year as a temporary resident, he did not have to fill in the character disclosure form. As an Indian national, he may have been asked for details about his employer sponsor, but immigration lawyers say the checks are cursory.
Meanwhile Haneefs lawyers have said he will appeal the Australian government's decision to revoke his visa, as experts believe that the move to invoke immigration laws to continue detaining him can be challenged on grounds of "bias" and "irrelevant considerations."
Lawyer Peter Russo said, We have examined the minister's decision and believe it is reviewable through an application to the federal court, which can be considered on a limited basis."
"The only association identified by the Federal police, as part of their criminal allegation, is the giving of a SIM card. The highest the allegations put was that he was reckless in that respect," Russo noted.
The appeal will be filed in Brisbane.
"We are very concerned at the minister's actions. 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," Russo lamented.
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