Indian doctor Mohammed Haneef’s chances of resuming work in Australia are being hampered by an appeal against the restoration of his work visa. His lawyer said this had prevented him from leaving India till the end of the court battle.
Lawyer Peter Russo on Thursday expressed concern that the Gold Coast hospital where Dr Haneef worked might not be able to hold his job for him due to the delays in returning his visa.
Immigration Minister Kevin Andrews on Wednesday lodged an appeal against a court judgement overturning cancellation of Haneef's visa, after the Indian doctor was cleared of terrorism charges.
A directions hearing will be held in the Federal Court in Brisbane on September 25 to determine a date for the appeal. Mr Russo said he did not expect it to go ahead until late November or December.
The lawyer said Haneef would not be able to apply for jobs in other countries until the visa issue was resolved.
Haneef is with his family in Bangalore after leaving Australia in late July.
“He is unemployed, which is creating difficulty as he supports his wife, child and mother,” Russo said. He added, “ The sooner the better is how Haneef views this process.”
Russo also stated, “He is patient and understands how the appeal process works in Australia, but on a personal and professional level, it is a very frustrating time for him. He doesn’t want to sign up for a job and then find out he’s got his visa back.”
Mr Andrews cancelled Haneef’s visa on character grounds in July, after he was charged with supporting a terrorist organisation for giving his mobile phone SIM card to his second cousin, who is an accused in the botched UK bomb plot.
The charge was later withdrawn. His lawyers argued for his visa to be reinstated in a Federal Court hearing on August 8. Justice Jeffrey Spender ruled in Haneef’s favour.
He stated that Andrews had made “a jurisdictional error” in revoking the visa and should have used the criminal charges, rather than the doctor’s relationship to his cousins, as the basis for the cancellation.
