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Terrorism involves the ancient crime of murder. Dr Mohamed Haneef is not charged with murdering anyone, nor involvement in any murder. The ministerial prerogative exercised by Immigration Minister Kevin Andrews should not exist. From 26 July 2007.
The power of the State can be exercised capriciously and unaccountably when the “Don’t ask; don’t tell” approach to government is immune from parliamentary, judicial or public scrutiny. It is the task of lawyers to make it more difficult for politicians to take this approach.
ALP Immigration Policy includes both change and continuity. It gives more priority to teaching English over testing, but there's still too much reliance on ministerial discretion rather than the judicial system.
The internal logic of total security regards the dignity of people who stand in the way, as dispensable. Once respect for some human beings is treated as optional, the human dignity of those offered security becomes equally dispensable.
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.
Whenever a moral issue swims into public view, people will call for church leaders to make a statement about it. The call should be weighed carefully – such statements have their place but are not normally all that helpful.
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.
Terrorism involves the ancient crime of murder. Dr Mohamed Haneef is not charged with murdering anyone, nor involvement in any murder. The ministerial prerogative exercised by Immigration Minister Kevin Andrews should not exist.
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