(no subject)

From SMH:

A FEDERAL Court judge has described as "astounding" the Federal Government's position that an association of any kind with criminals - "a cup of coffee, a picnic with the kids" - is enough for a non-citizen to fail the Migration Act's character test.

Justice Jeffrey Spender said that he too would fail the test according to the Government's interpretation, which was explained at a hearing into whether the Immigration Minister, Kevin Andrews, acted lawfully when he cancelled the working visa of the Indian-born, Gold Coast doctor Mohamed Haneef on Monday.

Haneef was granted bail by a Brisbane magistrate only hours before the Government intervened to detain him under migration laws, citing his links with two cousins suspected of involvement in last month's terrorist attacks in London and Glasgow.

"I have been associated with persons involved in criminal activity. I have defended them, charged with murder. Unfortunately I wouldn't pass the character test on your statement," the judge said to Roger Derrington, SC, representing the minister.

"You're not a non-citizen," was the government barrister's reply. "The purpose of the migration legislation is to protect the national interest … the Commonwealth doesn't have the power to investigate the relationships of people overseas."

Justice Spender's voice rose. "That's absolutely astounding, Mr Derrington."


So does that mean any overseas criminal lawyer/judge/police officer etc would fail the character test? And if you have a black sheep in the family, you're buggered.

(no subject)

From SMH:

A FEDERAL Court judge has described as "astounding" the Federal Government's position that an association of any kind with criminals - "a cup of coffee, a picnic with the kids" - is enough for a non-citizen to fail the Migration Act's character test.

Justice Jeffrey Spender said that he too would fail the test according to the Government's interpretation, which was explained at a hearing into whether the Immigration Minister, Kevin Andrews, acted lawfully when he cancelled the working visa of the Indian-born, Gold Coast doctor Mohamed Haneef on Monday.

Haneef was granted bail by a Brisbane magistrate only hours before the Government intervened to detain him under migration laws, citing his links with two cousins suspected of involvement in last month's terrorist attacks in London and Glasgow.

"I have been associated with persons involved in criminal activity. I have defended them, charged with murder. Unfortunately I wouldn't pass the character test on your statement," the judge said to Roger Derrington, SC, representing the minister.

"You're not a non-citizen," was the government barrister's reply. "The purpose of the migration legislation is to protect the national interest … the Commonwealth doesn't have the power to investigate the relationships of people overseas."

Justice Spender's voice rose. "That's absolutely astounding, Mr Derrington."


So does that mean any overseas criminal lawyer/judge/police officer etc would fail the character test? And if you have a black sheep in the family, you're buggered.