Labor Abandons Human Rights: Sheikh, Family Pay Terrible Price

Greens Candidate for Grayndler, Sam Byrne, has condemned the Rudd Labor Government’s decision to deport Sheikh Mansour Leghaei.

“After 16 years in Australia, the Sheikh and his family are paying a terrible personal price for the government’s cowardice in the lead up to the Federal election,” Sam Byrne said.

“Labor’s desperation to pander to racism has led to this decision, in defiance of the United Nations Human Rights Committee, the International Covenant on Civil and Political Rights and any principles of natural justice.”

“Once again Labor is abandoning any principle. If they don’t stand for human rights, what do they stand for?”

“I call on the Government to reverse its decision, and at the very least release these secret old ASIO allegations against the Sheikh and give him a chance to respond.”

“Sheikh Leghaei has made a substantial contribution to multi-faith dialogue and our local community, and we will continue to support him.”

Sam Byrne

Contact Sam on 0408 231 509

Also from the Greens:

1. Dale Mills writes in Green Left that the deportation of Sheikh Mansour is another instance of the Australian government silencing people it doesn’t agree with (click here).
2. Senator Scott Ludlam of the Greens has advised that he will ask questions on notice in parliament to the Minister for Immigration and to ASIO about Australia’s failure to respond to the UN’s request to put a halt to Sheikh Mansour’s deporation.
   

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

Having submitted his formal appeal to the Minister for Immigration, Sheikh Mansour Leghaei has broken his silence and spoken openly to Lateline about his concern for his family and his ongoing hope for justice.

Sheikh Mansour’s story has been widely publicised in all the major Sydney papers this week and is gaining international attention.  Amongst other media pieces published this week:

• Sydney Morning Herald: “One last chance for cleric in ASIO’s sights“
• The Canterbury Torch and Valley Times publish “Forced Out“.
• The Australian publishes “Sheik Leghaei wins another month’s visa“
• The Leader publishes “Sheikh fights deportation after ASIO concerns“
• Sheikh Mansour and Ali are interviewed on JJJ Hack Radio
• Father Dave speaks on his relationship with Sheikh on ABC’s The Drum.

And the good news is that Sheikh Mansour has now been given an extension on his visa until the Minister for Immigration has considered his appeal.  The extension currently takes him through to the middle of April 2010

March 2010 – the Australian TV media reports on the Save the Sheikh campaign.

ABC Lateline breaks the story March 8, follow by both Seven and Ten News on March 9.

Channel 7, March 11th, 2010

Channel 10, March 11th, 2010

ABC Lateline, March 8, 2010 (the transcript)

Other major media pick up the story:

The Australian, March 10, 2010: “Sheik in last-ditch bid to stay here“

ABC News, March 9, 2010: “Peace-making sheikh on verge of deportation“

The Australian, March 14, 2010: “Muslim Cleric hard to replace”

On February 19th Sheikh Mansour Leghaei was given 28 days to leave the country.  That means that as of today (March 4th) he technically only has 15 days left!

We trust that Sheikh will be given a visa extension while the Minister for Immigration considers his formal submission, appealing the decision. Even so, those who would act to protest this terrible injustice must do so NOW!

The most important thing everybody can do now is to sign the Save the Sheikh Petition.  Here’s what you need to do:

1. Right-click here and choose ‘save target as’ to download the petition.
2. Open it and print off multiple copies
3. Sign it yourself and ask others who support the Sheikh to sign it.
4. Send your signed petition back to the Imam Husain Centre by March 14.

nb. The address of the Centre is printed at the bottom of the petition, along with the return date,  so you won’t forget. 🙂

Our hope is that once these petitions are collected we will be able to present them to the Minister for Immigration in person in Canberra.  The trip is currently scheduled for March 17.  If you’d like to join us on the trip to Canberra put this date tentatively aside in your diary now.  Confirmation will be given on this site closer to the date.

Other ‘Save the Sheikh’ activities that are in the pipeline include:

• a formal press conference (probably next Wednesday)
• a supporters BBQ (possibly on Sunday March 14)

I know there’s talk in our church too of holding a 24-hour prayer vigil here at Holy Trinity Dulwich Hill, and inviting the Prime Minister and other Christian political leaders to join us in praying that justice is done.

Updates will be posted to this site as soon as confirmation of events has been given, so stay in touch and keep praying!

P.S. To see the article in the Bankstown Express about the Sheikh and myself, click here.