The Australian Law Council has urged Immigration Minister Kevin Andrews to grant Indian doctor Mohammed Haneef a temporary visa so that he can remain in the community pending trial on a terrorism related charge.
Council president Tim Bugg urged the immigration minister to issue a bridging visa to prevent the Gold Coast doctor being detained for more than a year pending his trial, the council said in a statement.
"In reality, he is not in detention because of the charges against him or because he has been deemed a threat to the community," he said adding, Haneef is in "detention because he no longer has a valid visa."
"The minister's decision to cancel Haneef's visa has made him, in the words of the Migration Act, an "unlawful non-citizen in the migration zone," the council said in the statement.
Bugg said a bridging visa would allow Haneef to remain in the community pending trial, but could still be deported once the case was dealt with.
"After hearing evidence and robust arguments from both sides, a court has already decided that Haneef is not a flight risk and is not a threat to the community," Bugg said.
"If Andrews' decision was made for a proper purpose, then his aim was not to detain Haneef but to deport him," Bugg added and further commented, "that not being a likely prospect in the near future, he should consider issuing a bridging visa."
Haneef was granted bail in Brisbane Magistrates Court last Monday on a $10,000 surety, but ordered to be detained after Andrews intervened by cancelling his temporary work skills visa.
Haneef's lawyers have delayed posting bail pending an appeal against the minister's decision, due to be heard in the Federal Court in Brisbane on August 8.
The Indian doctor remains in isolation at Brisbane's Wolston Correctional Centre, but could be transferred to Sydney's Villawood Immigration Detention Centre if the appeal fails.
He has been charged with providing support to a terrorist organisation after his mobile phone SIM card was found with his second cousin Sabeel Ahmed, who has been charged in the UK with withholding information on terrorism.
With his visa cancelled, Haneef would in normal circumstances be deported as soon as is practicable. But the charge means he will need to remain in Australia until his case is dealt with in court.
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