Sheikh Mansour Leghaei
18 May 2010
Associate Professor Ben Saul said Australia is in violation of six articles of the International Covenant on Civil and Political Rights in its decision to deport Sheikh Mansour Leghaei.
In an article in the Sydney Morning Herald, Associate Professor Saul said ASIO accused Dr Leghaei of undisclosed ''acts of foreign interference'' but, because he is a non-citizen, Australian law entitles him to no explanation - a position confirmed by the High Court of Australia.
''In other countries, like Britain and in Europe, affected persons are given an opportunity to see at least a summary of the evidence against them.
"In the sheikh's case, he's been given access to nothing whatsoever.''
In other related coverage, Associate Professor Saul told ABC Radio Current Affairs Program PM that the case could have ramifications for other people who've been denied residency on the grounds of ASIO assessments.
"Under the ASIO legislation, any non-citizen can be subject to an adverse security assessment without having seen any of the evidence against them.
"If Australia proceeds to deport the sheikh it will be in direct contravention of its obligations under its international human rights treaties and in direct contravention of a specific order issued by the UN committee."
Contact: Greg Sherington
Phone: +61 2 9351 0202