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

Greens Senate candidate for NSW Lee Rhiannon MP, and Greens candidate
for Grayndler, Sam Byrne, have added their voices to the large number
of community members in the inner west of Sydney who have opposed the
deportation of Earlwood based cleric Sheikh Mansour Leghaei.

“It is deeply concerning that without charge Sheikh Leghaei can
removed from the community he has called home for 16 years, said Ms
Rhiannon.

“There appear to be some vague and ill-defined concerns that ASIO has
regarding the Sheikh’s relationship to the Government of Iran, the
country he and his wife grew up in. But if that should be a crime then
surely a democratic country should test any concerns publicly in a
court of law.

“The proposal to deport Sheikh Leghaei is a fundamentally undemocratic
and dangerous act, and I call on the Minister for Immigration, Senator
Chris Evans, to use his power to halt the proposed deportation.

“It is clear from the broad support that the Sheikh has in the
community that not only does he not present a threat, but to the
contrary, he is assisting in building a more cohesive and strong
community in our area,” said Mr Byrne.

“The Sheikh is a gentle, peaceful man who has done great work with
people less well off and, working with people like Father Dave Smith
from the Holy Trinity Church in Dulwich Hill, has done much to bring
together people of different faiths and cultures. He is no threat.

“While the current Federal Labor Government has taken some important
steps towards healing the rifts caused to our community by the Howard
Liberal Government’s demonising of refugees and tacit support for the
racially motivated fear campaigns of One Nation, it
has to do a lot more to end fear in our community of people from
different cultures.

“The Marrickville, Canterbury, Ashfield and Leichhardt areas are by
and large great examples of where people from around the world have
made new communities; communities that are treasured by their
residents. Sheikh Leghaei clearly plays an important and peaceful role
in building our community, and that role should not be ended by the
paranoia of security agencies with a history of getting it wrong, and
by legislation which fails to demand that allegations by security
agencies be openly and publicly examined,” said Mr Byrne.

Contact: Lee Rhiannon on 0427 861 568 or Sam Byrne on 0408 231 509

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.