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Indian doctor and former terror suspect Mohamed Haneef yesterday won a court battle to return to Australia on a work visa.
The full bench of the Australian Federal Court dismissed an appeal lodged by federal government lawyers against a judge's decision to reinstate Haneef's visa.
Former Immigration Minister Kevin Andrews revoked Haneef's visa on character grounds after the doctor was cleared of involvement in failed terrorist attacks allegedly involving relatives in London and Scotland in June.
The 27-year-old's lawyer, Peter Russo, said outside court that it was not clear whether his client would return to Australia to work even if he is allowed to.
Russo said Haneef's main aim in appealing was to clear his name. He said he had reservations about returning to Queensland where he had worked at a public hospital and spent time in jail as a terror suspect.
Haneef had appealed the decision "firstly, to enable him to make that decision as to whether or not he will come back, and secondly, for him to clear his name and get on with his life", Russo said before the decision was handed down in Melbourne.
Russo said he was frustrated that new Immigration Minister Chris Evans, whose party came to power in elections last month, had said he may want to consider the court's decision for 28 days before responding.
"I find that difficult to understand why ... he has not turned his mind to a position in relation to Mohamed's visa because ... the ultimate decision rests with the minister," Russo said.
Russo said no decision had been made about whether Haneef would also seek compensation.
Australian Federal Police arrested Haneef at Brisbane International Airport in Queensland on July 2 as he attempted to board a one-way flight to India, just days after failed United Kingdom terror attacks.
He was held for 12 days before finally being charged with providing support to a terrorist organisation for giving his mobile phone SIM card to his cousin Sabeel Ahmed, one of the men accused of the attempted bomb attacks.
The charge was dropped two weeks later after Commonwealth Director of Public Prosecutions Damien Bugg found there was no reasonable prospect of securing a conviction.
Haneef has spent most of the past five months at his family home in Bangalore, but Russo has repeatedly said he wants to return to work at the Gold Coast Hospital.
Haneef is at present in the Saudi Arabian city of Mecca on the annual Muslim pilgrimage.
- AP
