Monday, May 17th – the Minister for Immigration, Mr Chris Evans, decided NOT to intervene in Sheikh Mansour’s deportation process, choosing rather to hide behind the ageing negative security assessment that goes back to 2004.

The Sheikh’s support team, when they announced their disappointment with the Minister’s decision, mentioned too that the United Nations Human Right Committe had already written to the Australian government, asking them NOT to deport Sheikh Mansour until they could take a good look at his case and assess whether his funamental human rights had been violated by the Australian government in the way they handled the case!

Thus far the Minister has shown no indication that he is considering complying with the UN’s request!

The following major newspapers took up the story:

• Deportation of sheikh puts Australia at odds with the UN (Rick Fenely, Sydney Morning Herald)
• Iranian cleric loses battle to stay (James Madden, The Australian)
• Deporting sheikh would breach human rights ( Sarah Gerathy, ABC News)

The story was also picked up by the following TV media:

• SBS 9.30pm news:

• 10 News:

• ABC News

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.

9 Mar 2010 1:37PM

Sydney, March 9: Anglican, Catholic, Indigenous and Muslim community leaders have joined in seeking to block the imminent deportation of one of Australia’s most senior Islamic leaders.

Sheikh Mansour Leghaei, his wife and one of his four children are facing deportation to Iran on Friday, March 19, despite having lived in Australia since 1994.

Dr Leghaei plays a leading role in “interfaith” dialogues which work across religious divides to develop social services, such as youth outreach. More than 1,000 letters are being sent to Immigration Minister Senator Chris Evans from prominent community leaders including:-

• Anglican Minister Father Dave Smith
• Former head of the Cancer Council Australia, Professor Alan Coates
• Franciscan nun Sister Aileen Crowe
• Uniting Church Minister Rev Hannie Hoffman
• Boxer Nader Hamden
• Indigenous leader Pastor Ray Minniecon
• Marrickville Mayor Sam Iskander

“Dr Leghaei has been central to our combined work in the community with the young and the disaffected. We are horrified at the thought of trying to continue this work without him,” said Father Smith, founder of the Christian Save the Sheikh Coalition.

“At a time when it is more important than ever to build bridges between people of different faiths, his removal will provoke enormous bitterness and tension.”

Dr Leghaei, a moderate Shia and Australia’s leading English speaking Iranian cleric, leads the 1500-member Imam Husain Islamic Centre in Earlwood and is the elected head of the local Interfaith Committee.

He has been denied permanent residency in Australia due to two adverse security assessments issued by ASIO several years ago. He has been fighting for 10 years to have these assessments overturned but  an immigration appeals tribunal last month rejected his final application to remain in Australia.

Dr Leghaei strenuously denies that he is a threat to national security.
Community leaders say he has never been told the reason for the assessments and has repeatedly been denied procedural fairness and natural justice.

“I can vouch for the fact that Dr Leghaei is no threat to national security. We call on the Minister to order a new security assessment and enable the sheikh’s important work to continue,” Father Smith said.

www.savethesheikh.com

Christian Save the Sheikh Coalition spokesperson: Father Dave Smith 61-2-9569-1255