Mohamed Haneef's lawyers in a government appeal against a judge's decision to reinstate his visa, have not been given access to sensitive documents concerning the immigration department's handling of the issue.
The nine-page document's existence was revealed on Thursday after a Freedom of Information officer for the immigration department advised Haneef's lawyers that only the title, "Draft Action Plan", would be released.
The decision to deny any access to the document was challenged by Haneef's lawyers in a written submission to the full court of the federal court, which is hearing an appeal by Immigration Minister Kevin Andrews over the stripping of the one-time terror suspect's work visa.
Chief Justice Michael Black, Justice Robert French and Justice Mark Weinberg have been asked to order the document be handed over by the legal team for Andrews, who has been criticised for his handling of the case.
Andrews became embroiled in the case when he cancelled Haneef's visa on July 16, hours after a Brisbane magistrate had granted him bail on grounds that included the weakness of a terrorism case brought by the Australian federal police.
Andrews has repeatedly denied that his visa cancellation decision on was an attempt to thwart the criminal justice system and he rejects suggestions that he knew of any contingency plan to keep Haneef in custody if he were granted bail.
The disclosure under freedom of information laws in classified emails showing how top AFP officers were aware on July 14 of a contingency plan with the Immigration Department to keep Dr Haneef in custody by relying on the Migration Act, has raised suspicions of a plan implicating Andrews and his top staff.
The folio sequence of FOI documents identified by the immigration department's officer indicates the "Draft Action Plan" was created shortly before the AFP email about the "contingency" strategy, which was copied to Peter White, the senior public servant who was advising Andrews on the visa cancellation.
The email was written by AFP's David Craig and the recipients included the agency's counter-terrorism chief, Assistant Commissioner Frank Prendergast.
The federal court in Brisbane was told on Thursday in written submissions from Haneef's legal team, led by Stephen Keim SC, that it was hard to imagine the contingency plan could have been put in place without the knowledge of Andrews and his ministerial staff.
The court was told that the emails were cogent evidence that the purpose of Andrews in cancelling the visa was to have Haneef detained indefinitely in order to overturn the impact of the successful bail application.
Haneef's lawyers argued, "It strains credulity that the purpose of police was not communicated to Andrews as any alternative conclusion would constitute a conspiracy by the AFP to delude a minister to exercise his powers for an ulterior purpose."
