Peter A Clarke

Kafka, eat your heart out. The Federal Government has pulled one of its most outrageous abuses of the legal process. 

Haneef had to face a reverse onus in getting bail on a terrorist related charge.  He got it. Then in one of the shiftiest slight of hands the Minister for Immigration cancels his visa.  No visa, no legal basis to walk a free man, no legal basis detention.  Until when?  According to the Sydney Morning Herald he is lock up pending the hearing of his charges. 

According to the ABC site

Mr Andrews says he has used his powers under the Migration Act to cancel Haneef’s visa because he has failed the character test.

“In particular, a person fails the character test if – and I quote – ‘the person has or has had an association with someone else or with a group or organisation whom the Minister reasonably suspects has been involved has been or is involved in criminal conduct’,” he said.

Mr Andrews says Haneef will remain in immigration detention while the legal proceedings against him continue.

Such sanctimonious hum bug is stench in the nostrils of anyone who has any sense of justice and fairness.  If that isn’t an abuse of process nothing is.  Why new material was before the Minister to cancel the visa that he was aware of pre the bail application?  Even the stated reason is bogus.  What evidence is there that there was an association with a group or organisation that has been involved in terrorist activities?  The evidence seems to be that he gave a phone card to a person, not an organsiation.  Is that an association?  Please! 

Now Haneef is in immigration detention until when? Until he is deported perhaps?  No until he is brought to trial.  And that gets back to the bail application.  He is on bail……but in detention. 

I hope Haneef’s lawyers are on winged foot as they race to the Federal Court to get Andrew’s decision reviewed.

And through the looking glass we go………..