Mohamad Haneef can sue the Australian government for wrongful imprisonment and defamation, a lawyer has said noting that Canberra's decision to cancel his visa and not officially clear his name had adversely affected his work prospects.
Prominent Brisbane lawyer Mark O'Connor said Haneef had been unemployed since returning to India five months ago, because the cancelled work visa effectively barred him from working in most western countries.
Also, public comments by former Immigration Minister Kevin Andrews about Haneef, and questions about his character raised by the minister might now be regarded as defamatory, he said.
O'Connor said an admission by Federal Police Commissioner Mick Keelty that he warned prosecutors there was insufficient evidence to charge the former Gold Coast Hospital registrar, who was charged anyway, could help Haneef in any compensation claim.
"Andrews made public remarks about Haneef without disclosing exactly what information he was basing his remarks on. If it was found that the information did not support his claims, and the Federal Police knew they did not have a case against Dr Haneef, then he could have grounds for a defamation action," O'Connor said.
He said the Gold Coast doctor had endured a thorough character denunciation through his detention on a terror-related charge which was finally abandoned, according to The Australian.
"There has been no apology from the government, which from a compensation angle is quite important. The minister not only refused to reinstate Haneef's work visa, but said he still had suspicions about his character."
"Andrews then publicly said, after Haneef flew home upon his release, that his swift departure from Australia only heightened rather than lessened his suspicions. This is bizarre and could be argued as defamatory," O'Connor said.
He said Haneef was effectively stranded in India because with his Australian work visa cancelled, it meant he would probably find it impossible to travel or work anywhere else.
"Without his visa, Haneef could not return to his job at Gold Coast Hospital. More significantly, with the blemish on his character because of the Australian arrest and visa cancellation, it could prevent him getting work anywhere outside India," he said.
"So the government's refusal to reinstate his visa had wide reaching consequences for him. It may now be time for the government to compensate him for his ordeal and, through legal action by Haneef, officially clear his name," O'Connor added.
