There seem to be end to the woes of the 36-year-old India-born doctor who was jailed for sexual assault but won an appeal in an Australian tribunal against his deportation.
Suhail Ahmad Khan Durani who managed to have his right to live in Australia, reinstated in May, has been taken into custody by the Immigration Department in Perth.
Durani was sentenced to 18 months jail time in July 2011 after being found guilty of five charges for inappropriate touching and asking a 19-year-old woman indecent questions.
The offenses occurred at the Royal Perth Hospital on February 20, 2010, when the diabetic woman was admitted with high blood sugar levels.
After serving jail time in Casuarina prison, south of Perth, Durani was brought to the immigration detention centre in February this year because his visa was cancelled by the Minister for Immigration and Citizenship.
Durani fought the deportation order through the Administrative Appeals Tribunal saying he should not be separated from his family.
The AAT determined in May this year that Durani’s visa would not be cancelled. The doctor’s wife, Indian dentist Falaq Durani had pleaded for “compassion” towards their four-year-old son.
The tribunal asserted that cancellation of the visa would not be in the best interests of Durani as he would be separated from his young son and his wife who are both Australian.
Moreover, the deportation would deprive the family of Durani’s companionship and support which would substantially affect their social, emotional and general wellbeing.
However, the Immigration Department was still looking at options for a possible error and could challenge the verdict.
On Friday, Durani was served a letter from DIAC’s National Character Consideration Centre saying his visa had been cancelled. Subsequently he was taken into custody considering he was now an unlawful non-citizen.
Reasons for visa cancellation reportedly taken by outgoing minister for immigration Tony Burke would be notified through his lawyer.
Ethnic communities advocate Suresh Rajan said, “Absolutely disgraceful behaviour is about the only thing I can describe it as. There are no reasons that have been advanced and clearly this is completely in violation of any human rights issues that we might have.”