The Australian government on Wednesday appealed against a judge's decision to restore the work visa of Indian doctor Mohammed Haneef, who was cleared of terrorism charges.
Immigration Minister Kevin Andrews said a government solicitor lodged an appeal with the Federal Court in Brisbane, where Haneef was held in July after his arrest in connection with the botched bomb attacks in the United Kingdom.
Last month, Judge Jeffrey Spender overturned Andrews' decision to cancel the Indian doctor's work visa on character grounds citing "jurisdictional error" on the part of the minister.
The order was stayed for 21 days, meaning Haneef, who has expressed his desire to return to Australia, would be able to go back in a few days. But Andrews in his appeal has also sought an extension of the stay.
Andrews defended his stance, saying his decision was in the "national interest" and he believed the judge was "wrong".
"As minister for immigration and citizenship, I made the decision to cancel Haneef's visa in the national interest and I stand by that decision,' Andrews said.
"It was the correct decision for the national interest and I believe that Justice Spender is wrong in his interpretation of the legislation. It is a privilege for visitors to be granted a visa to be in Australia. It is not an inalienable right. The security of the nation and the protection of all Australians comes first," Andrews said.
