Judge questions grounds for move on Haneef's visa

An Australian judge today questioned the immigration department's interpretation of the character test used to revoke the visa of Indian doctor Mohammed Haneef, saying even he would fail the test because of his association with people suspected of criminal conduct.

Haneef has been charged with providing support to the suspects in the failed UK terror plot.

Justice Jeffrey Spender, who set Haneef's appeal against the cancellation of his visa for hearing on August 8, asked the grounds Immigration Minister Kevin Andrews used to justify his view that he had a reasonable suspicion that the Indian doctor had an association with terrorists.

"Unfortunately, I wouldn't pass the character test on your statement because I've been associated with people suspected of criminal conduct," Justice Spender told the immigration department's counsel. The counsel said he himself would fail the test if he were a non-citizen.

The Australian government had cancelled Haneef's visa on character grounds after a magistrate granted him bail. He remains in custody.

Haneef, meanwhile, said he feared being "framed" and that he was not a radical. Haneef was being treated as a "terrorist" after he was moved from police cells in Brisbane to a high security prison in the same city. Officials said he would be kept alone in his cell for 23 hours a day.

Haneef's barrister has admitted to leaking a transcript of his client's first police interview. In a statement, Stephen Keim said he released to "The Australian" newspaper the transcript of the police interview of Haneef following the Indian doctor's arrest at Brisbane Airport on July 2.

He said he was only responding to "an aggressive campaign of selective leaking" by authorities, the "Skynews" channel reported today.

"These leaks could only have been motivated by a desire by those perpetrating them to suggest to the Australian public that the case against Dr Haneef was stronger than the Australian Federal Police...had been able to put before the court in Haneef's bail application," he said.