Justice Denied to Shaikh Mansour Leghaei




“‘For those who’ve come across the seas, We’ve boundless plains to share. With courage let us all combine, To advance Australia fair…’ is an epilogue from the Australian national anthem, which may as well be omitted.

Fourteen years on, Shaikh Mansour Leghaei is still being denied the basic human right to natural justice. Since 1996, the Australian Security Intelligence Organization (ASIO) has labeled him as a threat to national security, but to date, it has failed – in fact, refused – to provide the slightest bit of evidence to support this claim. ASIO insists he is an Iranian ‘operative’ and has knowledge of a French terrorist organisation by the name of Ahlul Bait. Based on such entirely groundless allegations, Shaikh Leghaei’s final application to remain in Australia has now been rejected, his bridging visa cancelled, and he has been given 28 days to leave the country.

Shaikh Leghaei applied for permanent Australian residency in 1995. His application was initially rejected by ASIO based on the translation of parts of his university notes on the meanings of Jihad – their original reason for marking him the apparent ‘risk to national security’. In 2002, ASIO conceded that its translation was flawed (later found to be deliberately mistranslated) and decided to withdraw its claim.

Despite the fabricated evidence, the allegations did not end there. Next, Shaikh Leghaei was formally issued with two adverse security assessments, but for ’security reasons’, the charges against him could no longer be disclosed. Amazingly, he was refused to be told the crimes he had supposedly committed. He appealed to the Federal and High courts for the right to be given a hearing, only to be dismissed by both; he was told that because he is not a citizen of Australia, his legal procedures do not require basic fairness!

“The courts said that since I can’t be briefed about the allegations against me, I can’t defend myself, and if I can’t defend myself, there was no point in wasting the time of the court,” Shaikh said. The accused is charged with allegations but is not told why. He will consequently have no basis to defend himself, and therefore the hearing is dismissed – how convenient.

It is no wonder Father Dave Smith, Parish Priest of Holy Trinity Dulwich Hill, said that the treatment of Shaikh Leghaei has been nothing short of outrageous. He went on to say, ‘[His] appeal was not over whether he is a decent citizen or not. It was simply over a point of law – i.e. whether he was entitled to a fair trial – and the answer he’s been given is that because he is not an Australian citizen, he is not entitled to a fair trial! This seems simply monstrous to me, and something more appropriate to Nazi Germany than 21st century Australia! Mansour is Iranian. Because he is Iranian, he is apparently not entitled to a fair trial!’”

Läs mer här: AIM