Sheik Mansour Leghaei
ASIO asked about Iran embassy connection
By Paul Osborne
March 03, 2005
From: AAP
http://www.news.com.au/story/0,10117,12431185-2,00.html
ASIO questioned a leading Muslim cleric about whether the Iranian embassy in Canberra had asked him for information on Iranians and Muslims in Australia, a court heard today.
Iranian-born Muslim cleric Sheik Mansour Leghaei is taking action in the Federal Court to avoid deportation after ASIO said he was a risk to national security.
A submission by Mr Leghaei's legal team tendered to the court said ASIO had disclosed "nothing in the way of a case" against Mr Leghaei.
But ASIO's interest included "whether the Iranian embassy in Canberra asked the applicant (Mr Leghaei) for information on ... the Iranian and Islamic portions of the Australian community", the submission said.
It said the spy agency's interest also included the source of Mr Leghaei's funding and his relationship with the Iranian Government.
The 42-year-old father of four, who has lived in Australia for a decade, was automatically denied a permanent residence visa after ASIO issued an adverse security assessment, alleging he had been involved in "acts of foreign interference".
Under Australian law, this can mean spying on or intimidating dissidents and secretly collecting official, military or political information for a foreign government.
Mr Leghaei is on a bridging visa pending his deportation.
Counsel for Mr Leghaei, Peter Hanks, QC, told the Federal Court his client had been denied procedural fairness and natural justice in having his visa cancelled.
Unless ASIO made out its case for invoking national security interests on evidence, rather than assertion, his client should be given a full statement of the case against him, he said.
Even if the court found national security had been properly invoked, his client was entitled to at least an outline of the case against him in a form he could rebut.
Australian citizens were able to challenge the merits of an adverse security assessment after it was made but a non-citizen or non-permanent resident could not.
"The non-citizen has no protection once the decision is made," Mr Hanks said.
"All the more reason for the non-citizen (to have) ... an independent body check the content of the security assessment."
But counsel for the government, Neil Williams, SC, said Mr Leghaei was denied his visa under a clear and longstanding scheme, and the ASIO Act did not require Mr Leghaei to be told of the reasons.
He said it was a general exception in common law that procedural fairness did not require disclosure of secret material if it would harm the public interest on national security grounds.
There had been no general right of appeal for non-citizens when it came to national security matters since the Hope Royal Commission in the 1970s, which led to an overhaul of ASIO's accountability and powers, Mr Williams said.
"Just as cabinet minutes are in a separate class ... national security material is in a higher class," he said.
The case before Justice Madgwick continues.
Bio. Of the Good Sheikh from http://www.worldpeace-conference.net/sydney/speakers.htm
Imam Sheikh Mansour Leghaei
Imam Sheikh Mansour Leghaei is the founder and the religious director of the ‘Imam Husain Islamic Centre’ and the ‘School of Islamic Theology’ in Earlwood, Sydney. (www.ihic.org.au).
He has been representative of the Islamic community in many interfaith seminars such as: ‘Spirituality of Great Traditions’ at St. James’ Church, ‘Religious Therapy’ on the occasion of World Day of Cancer @ Sydney University, Ecumenical Service on ‘The Dead Sea Scrolls’ held at the Sydney Art Gallery, and he won the year 2000 Community Service Award from Australian MEFF Consortium Inc.
He was born in 1962 in Abadan-Iran and has a PhD in Islamic Theosophy from Tehran University. Migrated to Australia in early 1994. He is the father of 4 children. And fluent in three languages: Farsi, Arabic and English. Imam Sheikh Mansour Leghaei is the author of many books and articles especially in mysticism and philosophy of religion.
http://www.worldpeace-conference.net/sydney/speakers.htm
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