The lawyer for Indian doctor Mohammed Haneef on Monday said his client could avoid being sent to the Villawood Detention Centre in Sydney if he does not post bail.
Haneef, who has been charged with "recklessly" providing resources to a terrorist organisation, was granted bail in a Brisbane court on Monday but Immigration Minister Kevin Andrews later said he had cancelled the doctor's visa, and that he would be sent to immigration detention in Sydney.
Lawyer Peter Russo said one of the options open to his client is to not post bail, which means he would stay in the Queensland legal system, ABC news reported.
"That's an avenue that's open to him if he wanted to do it that way," he said.
"We have to make sure that what we're doing is in the client's interests first and foremost and secondly what's going to be the best way to proceed from here," he said.
Meanwhile, the Australian Doctors Trained Overseas Association said by revoking Haneef's visa before his trial, the Federal Government has denied the presumption of innocence to the Indian doctor.
Association president Andrew Schwartz said the onus is now on the government to offer proof Haneef is guilty of any wrongdoing.
"I'd like to know what actual proof they have, apart from the fact that his SIM card was found in the mobile phone of the English doctor -- his cousin," he said.
"Everyone would be quite aware SIM cards are quite often passed between individuals, that's a fact of life," he added.
"The reason we have an independent court system is so these incredibly important decisions are made for the right reasons, and aren't subject to political interference,'' Murphy said accusing the Federal government of undermining the independence of the court system by revoking the visa after a magistrate granted him bail.
Murphy said if Andrews had genuinely believed Haneef was of bad character he should have cancelled his visa when he was first apprehended two weeks ago.
"I suspect that if the magistrate had denied bail and he was remanded in custody, the immigration minister wouldn't have even bothered revoking his rights under immigration law," he said.
Murphy said if the government has more information that links Haneef to terrorism the appropriate thing to do would be to apply to the court to have his bail revoked.
Immigration Minister Andrews said in Canberra, "I reasonably suspect that he has, or has had, an association with persons engaged in criminal activity, namely terrorism, in the UK."
"That's the basis on which I have made this decision."
The Australian government can withdraw a person's visa for a variety of reasons, including if the immigration minister judges a person is not of good character.
Russo said he was pained at Andrews' claim that Haneef "...had or has an association with persons involved in criminal conduct namely terrorism."
The string of bail conditions for Haneef include a surety of 10,000 Australian dollars, reporting three times a week to Southport police and notifying the Commonwealth DPP of his residential address and staying away from international ports. His passport has already been seized and he is barred from applying for a fresh one.
Haneef was expected to take a day to meet the conditions before his fate swung from relief to despair.
The Brisbane magistrate said prosecutors had not disclosed a clear link between Haneef and a terrorist organisation, and noted there was no specific allegation that the SIM card had been used in the attack.
Haneef's lawyers have slammed the government's case as weak, saying their client only left the SIM card so his cousins could take advantage of a special deal on his mobile phone plan.
After the Australian government cited immigration violations by Haneef, Rosso said, "We will start the next battle. If that's the way they want to do it -- bring it on."
Rosso said Haneef had remained calm when he was told of the new development (work visa cancellation).
"He's very respectful. He listened to what I said. I probably reacted worse than he did," he said.
"I told him 'We've won a few battles and we will fight the next battle,'" Rosso added.
Haneef's second cousin Sabeel has been charged in London in the failed terror plot, while another suspect and Sabeel's brother Kafeel, who allegedly drove a flaming Jeep Cherokee into the Glasgow airport, is battling for life in a UK hospital.
