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Haneefs Visa Revoked by Australia

e act, a "character test" applies to people seeking visas to enter the country.

A person fails the character test if, among other things, he or she has an association with another person or group whom the minister suspects is involved in criminal conduct.

Andrews said he had considered information provided by the Australian Federal Police.

Based on this information, he had formed a reasonable suspicion that Haneef had an association with those accused of carrying out the Glasgow bombing and had decided to cancel his visa.

Normally the result of having one's visa cancelled is that one is deported (once any appeals against the minister's decision are finalized).

But in Haneef's case, the Attorney-General is likely to issue a "criminal justice stay certificate" stopping him from being deported until the finalization of his trial.

Haneef has two avenues of appeal against these migration decisions. Firstly, he can apply Andrews to revoke the decision canceling his visa. Secondly, he can go to the Federal Court and ask it to review Andrews's decision on legal grounds.

But his chances under both of those avenues are made harder because Andrews has invoked a special "national interest" element of the section 501 visa cancellation process.

The Migration Act provides that when the minister is satisfied it would be in the national interest to cancel a person's visa, then the legal rules of natural justice do not apply to his decision.

Haneef will join many other immigrants in Villawood whose visas have been cancelled on character grounds.

He will again never taste freedom in Australia, it is feared.


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