Defending the revoking of Indian doctor Mohamed Haneef's visa by the Australian government, Attorney General Philip Ruddock has said the decision was not made in response to his successful bail application.
Haneef is charged with "recklessly" supporting a terrorist organisation with the Australian Federal Police alleging he supported foiled plans to detonate truck bombs in Britain.
On Monday, a Brisbane magistrate granted Haneef bail, but hours later Immigration Minister Kevin Andrews revoked his visa and said he would be held in immigration detention until the charge was heard.
The decision to detain Haneef under the migration act has been criticised by some lawyers, who labelled it a "misuse of power" to keep Haneef in the country.
Ruddock on Tuesday defended the decision, saying it was made entirely separately to Haneef's criminal proceedings.
"The functions are quite separate and distinct, and the timing is irrelevant," Ruddock said adding, "the minister has to take those decisions personally, and does so without any direction. It is his decision to make in accordance with law and he has made it."
The legal fraternity's criticism of the government's decision to revoke Haneef's visa was regrettable, Ruddock said.
"I think it is regrettable that some people do seem to think that there is only one basis upon which issues are addressed, when the law sets out separate matters, each of which have to be properly addressed," Ruddock said.
He said Haneef's lawyers had the right to appeal the Immigration Department's decision. He also hinted that their possible strategy of delaying posting bail pending an appeal to the Federal Court against the visa cancellation was valid.
"The person is not bailed into the community unless the conditions are met," Ruddock said, according to ABC news.
"I imagine between the Department of Immigration and law enforcement authorities, there would be liaison about the way in which each of the respective obligations are met," he further said.
Ruddock also played down claims that Haneef had been under surveillance prior to his arrest on July 2.
"My belief was that he became of interest when advice was received from the United Kingdom that there were linkages to the bombing in Glasgow and the failed bombings in London," Ruddock said.
