INDIAN Dr Mohamed Haneef has won his bid to have his work visa returned in a stunning victory in the Federal Court in Brisbane.
Dr Haneef was successful in his court appeal which was handed down at 12.20pm.
Federal Court Justice Jeff Spender made orders quashing Immigration Minister Kevin Andrews decision to cancel the former terrorism suspect's work visa on character grounds.
He also made an order in the nature of a prohibiton and/or injunction restraining Mr Andrews from acting upon the cancellation of the visa, and ordered he pay Dr Haneef's costs.
Justice Spender said that contrary to some media commentary which he described as "almost scandalous", the case wasn't a contest between the judiciary and the Howard Government.
He described remarks making claims of tension between judges and the Federal Government as ignorant and grossly misinformed.
Justice Spender said Mr Andrews fell into jurisdictional error by applying the wrong test when determining whether to cancel the visa.
"It follows that Mr Andrews decision must be set aside," he said.
From today's Australian (and it's one of Murdoch's!!)
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