Sheikh Mansour might have left Australia but controversy remains, and the battle to see justice ultimately prevail is far from over.

This week an excellent article was published by Dr Michael Head – Associate Professor of Law at the University of Western Sydney – entitled, “Asylum seekers and ASIO’s abuse of power“. Dr Head sees Sheikh Mansour’s case as illustrative of the way in which our security organistion (ASIO) has become ‘legally unchallengeable’ – a situation that Professor Head describes as a ‘grave worry’.

Also in the news this week are two excellent articles from Press TV:

• “The Curious Case of an Iranian Cleric” and
• “Iranian Cleric denied justice in Australia“

Yet the final word on the deportation must be given to Mansour’s family – both to his three sons who have been left behind, and to his faith community, who put together the second of these two videos:

To hear the wonderful Tripple J interview with Mansour’s son, Ali, given on the day of his dad’s deportation, click here.

For more articles and videos, I’d suggested checking out this section of the World News site that contains dozens of articles and images and about 50 videos on Sheikh Mansour’s case (many of which I had not seen before).

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, June 7: Nobel peace laureate Bishop Desmond Tutu has joined an international human rights campaign condemning Australia’s decision to deport a leading Iranian cleric later this month.

Sheikh Mansour Leghaei, a moderate Shia cleric, has been living peacefully with his family in Australia for 16 years. He has never been granted permanent residency due to two adverse security assessments made against him by the Australian Security Intelligence Organisation (ASIO) several years ago.

Contrary to the right to a fair hearing in the International Covenant on Civil and Political Rights (ICCPR), to which Australia is a signatory, Australia has never informed Dr Leghaei of the nature of the allegations against him. A leading proponent of interfaith dialogue and religious tolerance in Sydney, Dr Leghaei strenuously denies he is a threat to Australia’s national security.

“In South Africa we used to have detention without trial. In Australia you have deportation without trial,” said Bishop Tutu.

In April the United Nations High Commissioner for Human Rights (OHCHR) formally requested Australia not to deport Dr Leghaei while it considered whether his human rights had been breached. On May 17 the Australian Immigration Minister, Senator Chris Evans, ignored the UN’s request and announced that Dr Leghaei had six weeks to leave.

“The impending deportation of Sheikh Mansour Leghaei is a travesty of justice. There is no doubt at all that his human rights have been violated,” said Dr Chandra Muzaffar, a leading Malaysian political scientist, Islamic reformist and activist.

A week after Amnesty International criticized the Australian Government for putting political self-interest ahead of human rights in its treatment of asylum seekers from Afghanistan and Sri Lanka, international human rights advocates have rallied behind Dr Leghaei, including:

• Bishop Riah Abu El-Assal, retired Bishop of Israel, Palestine, Jordan, Syria and Lebanon.
• Máiread Corrigan-Maguire, Nobel Peace Prize laureate.
• Dr Chandra Muzaffar
• Professor Hans Köchler, president of the International Progress Organization.
• Dr Norman Finkelstein, American political scientist.
• Bishop Desmond Tutu

Helen Signy +61 425 202 654
Father Dave Smith +61 409 620 009
Ben Saul +61 424 365 146

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, 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.