Haneef wins right to return to Australia

In a major victory for Mohammed Haneef, an Australian court today quashed the government's controversial decision to cancel his work visa after he was cleared of terror charges, saying the immigration minister had adopted a "wrong criterion".

Immigration Minister Kevin Andrews "cancelled the visa by adopting a wrong criterion. He fell into jurisdictional error by applying the wrong test," federal court judge Jeffery Spender said in a verdict that has come as an embarrassment to Canberra.

The judge also ordered the government to pay Haneef's legal expenses. However, the doctor will have to wait for some time to get a fresh visa as the court granted a 21-day stay on its ruling to enable the government to respond.

Andrews, who had revoked the visa on character grounds on July 16 soon after Haneef was granted bail, defended his decision and instructed the government counsel to file an appeal challenging the ruling. "When I made the decision to cancel Dr Haneef's visa, I made it in the national interest and I stand by that decision," Andrews said.

"I have instructed the Australian government solicitor to lodge an appeal," the minister, whose decision drew considerable flak from human rights and lawyers' bodies, said.

The 27-year-old Bangalore doctor, who was working at Gold Coast Hospital, was arrested on July 2 at the Brisbane airport in connection with the botched car bombing in London and Glasgow in June and had to spend 25 days in detention before he was absolved of terror charges.