Dr Mohamed Haneef
Sydney Morning Herald

Amnesty International Australia welcomes the Federal Court ruling to quash the Minister for Immigration's decision to revoke Dr Mohamed Haneef's visa on character grounds on 16 July 2007.

Parts of the legislation were used for the first time in Dr Mohamed Haneef's case. His experience and treatment seriously compromised his right to a presumption of innocence.

The Federal Court's decision sets limits on the interpretation of 'associating' with a person or group the Minister reasonably suspects has been, or is involved with, in criminal activity.

The Court determined that the Minister has erred by applying the wrong test in revoking the visa. The Minister believed that any association with such a person or group would suffice to invoke this power, however His Honour Justice Spender made it clear that an innocent association such as a friend, colleague or family member ֖ did not warrant the use of the power to revoke a visa.

It is reported the Minister of Immigration will appeal the Federal Court decision.

Dr Mohamed Haneef's case has highlighted more than ever the need for a review of Australias counter-terror legislation. He was held for nearly one month in detention - two weeks of which were without charge or the ability to apply for bail. The eventual charge of recklessly providing support to a terrorist organisation was dropped on Friday 27 July. Dr Haneef's experience and treatment seriously compromised his right to a presumption of innocence.

Amnesty International has continually campaigned for reform of the legislation since its incremental introduction began in 2002. We are calling for a thorough review of the human rights impact of all counter terror legislation. The case also highlights the need for providing effective recourse for people like Dr Haneef - such as a Human Rights Act.