City-based senior lawyers on Monday reacted in a mixed way to the Australian Immigration and Citizenship Ministry’s cancellation of Haneef’s visa.

Minister Kevin Andrews’ contention that the move was on the grounds of national interest — despite a court having granted bail to the Bangalorean doctor — has not cut ice with some lawyers.

However, others pointed out that the Ministry’s move was based on an Act and should not be viewed as virtual overruling of the court judgment.

Though Haneef has the option to appeal to have the decision revoked, the minister’s decision to bank on his “own conclusion” to cancel the visa, has been debated.

Senior advocate M T Nanaiah told Deccan Herald that the Ministry’s decision was “independent” of the court judgment.

“The law of the land differs from country to country. Even in India, we’ve had cases where court judgments were not put into effect, due to legislative reasons,” he said.

Unwanted intervention
Some of the lawyers, however, flayed the Australian government’s “intervention” in the law’s course. B T Venkatesh, the lawyer who’s helping out the family of Kafeel Ahmed and Sabeel Ahmed, who are also alleged to be involved in the foiled UK terror attack, said the extension of Haneef’s detention meant more physical and mental torture for the doctor.

Rule of law
“Whatever the Ministry’s concerns are, it shouldn’t have reacted this way. The rule of the law and the Judiciary is supreme. The cancellation of the visa is by all means a condemnable move,” Manohar, a senior lawyer, added,
But there were also voices that cautioned against overreacting to the move.

“The Ministry and the court are separate entities.

 Though the visa cancellation appears to be contradicting what the court said, the government is entitled to go back to the legislation and act accordingly,” said Sheelvanth, a lawyer.

Character test crucial under Aussie visa law
Bangalore, DHNS:  According to Section 501 of the Australian Migration Act 1958, the minister concerned —or his delegate — may refuse to grant a visa to a person if the person does not pass the character test.
The minister may cancel a visa that has been granted to a person if: (a) the minister reasonably suspects that the person does not pass the character test; and (b) the person does not satisfy the minister that the person passes the character test.