savethesheikh.com

The October 21st deadline has past and the Australian government has not responded to the United Nations Human Rights Committee regarding their treatment of Sheikh Mansour Leghaei.

Scott Ludlum of The Greens has questions pending in Parliament, calling on the government to account for its actions.  Meanwhile Associate Professor Ben Saul has addressed members of the legal fraternity on this issue and has published a paper that gives a comprehensive examination of the legal dimensions of the case, entitled “The Kafka-esque Case of Sheikh Mansour Leghaei: The Denial of the International Human Right to a Fair Hearing in National Security Assessments and Migration Proceedings in Australia”

You can pick up a PDF version of Ben Saul’s paper here.

The following is an open letter from the supporters of Sheikh Mansour Leghaei to Australian Prime Minister Kevin Rudd.

The Hon. Kevin Rudd, MP
Prime Minister of Australia
Australian Parliament
Canberra, Australian Capital Territory, 2600

June 3, 2010

Dear Prime Minister

Re: Request to prevent the deportation of Sheikh Mansour Leghaei in accordance with the communication of the United Nations Human Rights Committee of 21 April, 2010.

We are supporters of Sheikh Mansour Leghaei, a moderate Iranian cleric who leads the 1500-member Imam Husain Islamic Centre in Earlwood and is the elected head of the local Interfaith Committee.

As you will be aware, Dr Leghaei and his family have lived peacefully in Australia for 16 years. His application for Permanent Residency in Australia has been denied due to two Adverse Security Assessments issued by ASIO in 1997 and 2004.

A leading proponent of interfaith dialogue and religious tolerance in Sydney, Dr Leghaei strenuously denies he has ever been a threat to Australia’s national security.

Contrary to the right to a fair hearing enshrined in the International Covenant on Civil and Political Rights (ICCPR), to which Australia is a signatory, Dr Leghaei has never been informed of the nature of the allegations against him, either by ASIO or in any of the court proceedings he has brought to challenge ASIO’s assertion. In one of these hearings, a judge of the Federal Court of Australia observed that Dr Leghaei’s right to procedural fairness had been reduced to ‘nothingness’.

Australia’s failure to guarantee a fair trial is at odds with much of the liberal democratic world: in Britain and Europe, for example, human rights law requires that a person always be told the substance of the allegations. The denial of a fair hearing is also foreign to our ancient common law tradition, which requires that a person can challenge the evidence against them in an adversarial process.

Where a person is unable to see or test the evidence, it cannot be determined whether they are actually a risk to national security or not. Deporting Dr Leghaei in such circumstances would be internationally unlawful.

On April 21, the United Nations Human Rights Committee issued a request, under rule 92 of its rules of procedure, that the Australian Government not deport Dr Leghaei and his accompanying dependents to Iran while their case is under consideration by the committee.

However in contravention of this request, the Minister for Immigration, Senator Chris Evans, announced on May 17 that Dr Leghaei would not be granted a visa and that he was expected to make preparations to leave the country by June 28.

This breach of Dr Leghaei’s human rights has provoked concern among the international human rights community. Support for his case has now been received from, amongst others: Bishop Desmond Tutu of Cape Town; Bishop Riah Abu El-Assal, Bishop of Israel, Palestine, Jordan, Syria and Lebanon; Máiread Corrigan-Maguire, Nobel Peace Prize laureate; Dr Chandra Muzaffar, Malaysian political scientist; Professor Hans Köchler, President of the International Progress Organization; Dr Norman Finkelstein, American political scientist, and Bishop George Browning, retired Bishop of Canberra and Goulburn.

Dr Leghaei and his family have also received thousands of letters of support from members of the Anglican, Catholic, Indigenous and Muslim communities. His removal from Australia will result in the closure of the Centre and deprive 1500 Muslims of a leadership which preaches tolerance and peace.

Today more than 1,000 concerned Australians from different community backgrounds have travelled to Canberra to deliver this letter to you.

We applaud your Government’s stated commitment to human rights and global governance. At a time when it is more important than ever to build bridges between people of different faiths, we call on you to ensure that the principles of human rights and the right to a fair trial are upheld in this individual case.

Therefore we respectfully request that you provide an assurance to Dr Leghaei that he will not be removed from Australia until the UN Human Rights Committee has finally determined his case on its merits.

Sydney, May 17: Immigration Minister Senator Chris Evans’ decision to deport Sheikh Mansour Leghaei is in direct contravention of the UN’s wishes, who sent in a formal request to the Australian Government last month.

The United Nations Human Rights Committee in Geneva issued a request on April 21 asking the Australian Government not to deport Dr Leghaei and his accompanying dependants while it is considering his case.

Dr Leghaei’s legal team sent a petition to the UN Committee last month claiming the Government’s treatment of his case contravened the his human rights under the International Covenant on Civil and Political Rights (ICCPR), to which Australia is a party. Under the First Optional Protocol to the ICCPR, individuals in Australia may lodge complaints with the UN Committee if all domestic remedies have been exhausted.

Under Rule 92 of the UN Committee’s Rules of Procedure, a complainant may request urgent “interim measures” to prevent deportation where “irreparable harm” would occur if the deportation proceeded. Such measures remain in place until the complaint is finally determined, which usually takes about one year.

“Dr Leghaei was denied his human right to a procedurally fair hearing in the issue of an adverse security assessment by ASIO and in the decision to deport him which relied upon that assessment,” said Associate Professor Ben Saul, Co-Director of Sydney University’s Sydney Centre for International Law and one of the barristers who prepared the petition.

“Like numerous others who have been subject to adverse security assessments by ASIO, Dr Leghaei has never been told the basis of the allegations against him.

“Our strong case will have ramifications for others in Dr Leghaei’s situation both in Australia and internationally, where a person is unable to see or challenge any of the evidence against them.”

Dr Leghaei and his family, who have lived peacefully in Australia for 16 years, have never been granted permanent residency due to adverse security assessments issued against the Sheikh by ASIO several years ago.

In March Dr Leghaei appealed to the Minister to exercise his ministerial powers and allow him to remain in the country. On May 17 Senator Evans granted visas to Dr Leghaei’s wife and son but denied a visa to the Sheikh. He has been given six weeks to leave the country.

Australia is being accused of violating Articles 2, 13, 14, 23, 24 and 26 of the ICCPR .

His petition details that:

• Dr Leghaei has been denied a fair hearing in ASIO’s issue of an adverse security assessment, in the Department of Immigration’s decision to rely upon that assessment to refuse him a visa, and in all proceedings before the Migration Review Tribunal and Federal Court of Australia;
• He has been discriminated against because was denied procedural fairness because he was not an Australian citizen or permanent resident;
• The deportation cannot be justified because, in the absence of proof he is a genuine threat to national security, it would split his family and deprive his 14 year old daughter, an Australian citizen, of both her parents.

Media Contacts
Helen Signy 0425 202 654 email
Ben Saul 02 9351 0354, email
Father Dave Smith 02 9569 1255, email

Sydney, April 1:  Christians in the Dulwich Hill and Marrickville area are staging a 24-hour prayer vigil over the Easter Weekend to pray for the welfare of the local Islamic community and for their spiritual leader, Sheikh Mansour Leghaei.

Representatives of the Anglican, Catholic and Uniting churches as well as members of the indigenous and Muslim communities are expected to join the vigil at the Holy Trinity Church, Dulwich Hill, from 9 am on Saturday, April 3 until 9 am on Easter Sunday.

Dr Leghaei, a moderate Shia cleric, is facing deportation along with his wife and 20 year-old son.  He is a key member of the local interfaith community, which holds dialogues across religious divides to address common community issues such as youth outreach and marriage counselling.

“I’m not trying to downplay the differences between our faiths,” said Father Dave Smith, parish priest at Holy Trinity Dulwich Hill, “but there are fundamental things that unite us that are greater than our differences, such as our commitment to justice for this good man.”

Despite living in Australia for 16 years, Dr Leghaei has been denied permanent residency due to two Adverse Security Assessments issued by ASIO. He has never been told the reason for the assessments and strenuously denies that he has ever been a threat to national security.

Prominent human rights and civil libertarian groups, including the International Commission of Jurists and the NSW Council for Civil Liberties, have raised concerns over the lack of procedural fairness in ASIO’s treatment of Dr Leghaei .

Dr Leghaei has lodged a last ditch appeal to the Immigration Minister, Senator Chris Evans, to allow him to remain in Australia and continue his important work.

“We believe that everybody should have the right to a fair trial, regardless of their race or religion, and regardless of whether they are citizens or not.  This in itself is an issue that should have everyone at prayer,” Father Dave said.

Media are invited to cover the prayer vigil

When: Saturday, April 3, from 9 am

Where: Holy Trinity Church, Cnr Seaview & Herbert Sts, Dulwich Hill

Father David Smith, 61-2-9569-1255 (or use contact form at www.fatherdave.org)

For more details, download the Easter Prayer Vigil poster here

Sydney, March 15:  The Australian children of a moderate Shia Muslim cleric who is facing deportation have appealed for their parents to be allowed to stay in this country.

Sheikh Mansour Leghaei has submitted a final appeal to Immigration Minister Senator Chris Evans to reconsider his deportation, originally scheduled for Friday.

The deportation would split the family, with Dr and Mrs Leghaei and their 20 year-old son, Ali, being forced to return to Iran and their 14 year old daughter, Fatima, and two older sons remaining in Australia.

Fatima, who was born in St George Hospital Kogarah in 1995, has sent a letter to Senator Evans describing  how the anxiety and uncertainty over the threat of deportation have impacted the entire family.

“I am proud of my father and all that he stands for… He has taught me to love who and what I am and where I am,” she wrote to Senator Evans.

“As an Australian I have the right to live in my country with my family. I deserve the love and support of a father.”

Although Dr Leghaei  has lived in Australia for 16 years, his application for residency has been denied due to two adverse security assessments made by ASIO several years ago.

Dr Leghaei strenuously denies that he has ever been a threat to national security.

His bid to remain in Australia is backed by a large group of multi faith supporters, including Anglican, Catholic, indigenous and other community leaders in inner Western Sydney.

Dr Leghaei leads the 1500-member Imam Husain Islamic Centre in Earlwood and is the elected head of the local Interfaith Committee.  A moderate Shia and Australia’s only English speaking Iranian cleric, his community work involves youth outreach, marriage counseling and online university education.

Dr Leghaei and his family are available for interview.  Media can apply through a comment on this post.