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In Dr Haneef's case, it appears that no attempt was made to provide this 'natural justice' process as recommended by Commonwealth Ombudsman in February 2007.
Previously the Government has changed the Migration Act when Courts have held that the law was not to the liking of the Government. This week's judgment in favour of Dr Haneef — and the ourcome of the appeal — could be a very significant case in Australian jurisprudence.
Under Section 501 of the Migration Act, you can be told: 'you fail the character test, please respond, but we cannot tell you what are the accusations against you'. Dr Mohammed Haneef has experienced the worst case scenario.
Poems by Evan Jones
Kerry Murphy is a partner with the specialist immigration law firm D'Ambra Murphy Lawyers. He is a student of Arabic, former Jesuit Refugee Service coordinator, teaches at ACU and was recognised by AFR best lawyers survey as one of Australia's top immigration lawyers.
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