An Australian court on Tuesday overturned the Government’s decision to revoke the visa of Indian doctor Mohammed Haneef, who was cleared of links with the foiled terrorist attacks on London and Scotland in June.

Haneef was arrested in Brisbane in July and held for more than three weeks on suspicion of having supported the failed plots. The charge was later dropped due to lack of evidence. But during Haneef’s detention, Immigration Minister Kevin Andrews had cancelled Haneef’s visa on character grounds, saying he had an “association” with two of the British suspects, Sabeel and Kafeel Ahmed.

Lawyers for Haneef appealed the decision, saying Haneef’s association with the Ahmed brothers was a coincidence, and therefore insufficient grounds for revoking the visa. Federal Court Justice Jeffery Spender overturned the Government decision on Tuesday, saying that Andrews made a technical error in cancelling Haneef’s visa on character grounds.

Instead, Spender said Andrews should have cancelled the visa on the basis that the London police had informed Australian authorities Haneef had been charged with a terrorism offence at the time the visa was cancelled on July 16. Spender also granted the Government three weeks to respond to his ruling. Andrews said the Government would appeal.

“When I decided to cancel Dr Haneef’s visa, I did it in national interest and I stand by that decision,” Andrews told reporters in Sydney. “I have instructed the Australian Government solicitor to lodge an appeal,” he said.

The Australian Government will appeal against Tuesday’s court judgment overturning Immigration Minister Kevin Andrews’ decision to cancel Haneef’s work visa.

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