Muhammad Faisal
Encyclopedia
Muhammad Faisal is an Iraqi refugee
who was detained on the island of Nauru
between 2001 and 2006 under the Australian Government's "pacific solution
". Faisal became the second last Iraqi refugee to leave Nauru after he was initially refused a protection visa on the basis of an adverse security assessment issued by the Australian Security Intelligence Organisation
(ASIO).
, an Australian territory where the refugees believed they could apply for asylum. The Aceng was intercepted by Royal Australian Navy vessels acting under Operation Relex
, an Australian Government operation designed to prevent asylum seekers reaching the Australian migration zone
by sea.
After attempts to force the Aceng to leave the Ashmore Islands contiguous zone were abandoned, the passengers of the Aceng were transferred to the warship HMAS Manoora. Manoora, which had a capacity for only 450 people, was already carrying approximately 400 mostly Afghan asylum seekers transferred from the MV Tampa
, the Norwegian cargo ship at the centre of the diplomatic crisis which triggered the Australian Government's policy of off-shore detention.
Manoora sailed to a location in international waters off Darwin
, where she was reprovisioned. The then Prime Minister, John Howard
, told journalists: "At no stage did this latest vessel reach Australian territorial waters. As a result questions of application for asylum status do not arise."
Upon Manoora’s arrival in Nauru, many of the Iraqi asylum seekers refused to leave the vessel. After 12 days, they were removed from Manoora by force.
(ASIO) assessed both he and another Iraqi refugee, Mohammed Sagar
, to be "direct or indirect" threats to Australia's national security in 2005.
While in detention, Faisal suffered severe depression, leading to his evacuation to Brisbane
in September 2006. A second security assessment conducted by ASIO found that Faisal was not a security threat and he was permitted to settle in Australia. Faisal has never been informed of the reasons for the initial adverse assessment.
, Paul O'Sullivan
in the Federal Court in an effort to determine the reasons for ASIO's adverse assessments. In November 2007, the court ordered discovery
of documents including Faisal and Sagar's adverse security assessments, but ASIO appealed to the Full Court. Justices Ryan, North and Jessup are due to deliver their judgement on 18 July.
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
who was detained on the island of Nauru
Nauru
Nauru , officially the Republic of Nauru and formerly known as Pleasant Island, is an island country in Micronesia in the South Pacific. Its nearest neighbour is Banaba Island in Kiribati, to the east. Nauru is the world's smallest republic, covering just...
between 2001 and 2006 under the Australian Government's "pacific solution
Pacific Solution
The Pacific Solution was the name given to the Australian government policy of transporting asylum seekers to detention camps on small island nations in the Pacific Ocean, rather than allowing them to land on the Australian mainland...
". Faisal became the second last Iraqi refugee to leave Nauru after he was initially refused a protection visa on the basis of an adverse security assessment issued by the Australian Security Intelligence Organisation
Australian Security Intelligence Organisation
The Australian Security Intelligence Organisation is Australia's national security service, which is responsible for the protection of the country and its citizens from espionage, sabotage, acts of foreign interference, politically-motivated violence, attacks on the Australian defence system, and...
(ASIO).
Attempt to apply for asylum
Faisal was one of 227, mostly Iraqi, refugees who boarded an Indonesian vessel, the Aceng, in August 2001. After a nine day journey, the Aceng approached the Ashmore IslandsAshmore and Cartier Islands
The Territory of the Ashmore and Cartier Islands is an external territory of Australia consisting of two groups of small low-lying uninhabited tropical islands in the Indian Ocean situated on the edge of the continental shelf north-west of Australia and south of the Indonesian island of...
, an Australian territory where the refugees believed they could apply for asylum. The Aceng was intercepted by Royal Australian Navy vessels acting under Operation Relex
Operation Relex
Operation Relex is the name given to the Australian Defence Force border protection operation in the country's northern approaches conducted between 2001 and 2006. The operation was instigated following the Tampa affair in September 2001 and its focus was on illegal immigration...
, an Australian Government operation designed to prevent asylum seekers reaching the Australian migration zone
Australian migration zone
The Australian migration zone refers to the parts of Australian territory where a non citizen must hold a visa to legally enter and remain. It includes all states and mainland territories, plus some external territories, at the mean low water mark....
by sea.
After attempts to force the Aceng to leave the Ashmore Islands contiguous zone were abandoned, the passengers of the Aceng were transferred to the warship HMAS Manoora. Manoora, which had a capacity for only 450 people, was already carrying approximately 400 mostly Afghan asylum seekers transferred from the MV Tampa
Tampa affair
In August 2001, the Howard Government of Australia refused permission for the Norwegian freighter MV Tampa, carrying 438 rescued Afghans from a distressed fishing vessel in international waters, to enter Australian waters...
, the Norwegian cargo ship at the centre of the diplomatic crisis which triggered the Australian Government's policy of off-shore detention.
Manoora sailed to a location in international waters off Darwin
Darwin, Northern Territory
Darwin is the capital city of the Northern Territory, Australia. Situated on the Timor Sea, Darwin has a population of 127,500, making it by far the largest and most populated city in the sparsely populated Northern Territory, but the least populous of all Australia's capital cities...
, where she was reprovisioned. The then Prime Minister, John Howard
John Howard
John Winston Howard AC, SSI, was the 25th Prime Minister of Australia, from 11 March 1996 to 3 December 2007. He was the second-longest serving Australian Prime Minister after Sir Robert Menzies....
, told journalists: "At no stage did this latest vessel reach Australian territorial waters. As a result questions of application for asylum status do not arise."
Upon Manoora’s arrival in Nauru, many of the Iraqi asylum seekers refused to leave the vessel. After 12 days, they were removed from Manoora by force.
ASIO security assessments
While Faisal's claim to asylum was recognised by the Australian Government, his resettlement was prevented after the Australian Security Intelligence OrganisationAustralian Security Intelligence Organisation
The Australian Security Intelligence Organisation is Australia's national security service, which is responsible for the protection of the country and its citizens from espionage, sabotage, acts of foreign interference, politically-motivated violence, attacks on the Australian defence system, and...
(ASIO) assessed both he and another Iraqi refugee, Mohammed Sagar
Mohammed Sagar
Mohammed Sagar is an Iraqi Shi'a Muslim refugee who was detained on Manus Island and Nauru between 2001 and 2006. Sagar became the last of approximately 1,300 refugees from the Middle East to be detained on Nauru under the Australian Government's "Pacific Solution" after an adverse security...
, to be "direct or indirect" threats to Australia's national security in 2005.
While in detention, Faisal suffered severe depression, leading to his evacuation to Brisbane
Brisbane
Brisbane is the capital and most populous city in the Australian state of Queensland and the third most populous city in Australia. Brisbane's metropolitan area has a population of over 2 million, and the South East Queensland urban conurbation, centred around Brisbane, encompasses a population of...
in September 2006. A second security assessment conducted by ASIO found that Faisal was not a security threat and he was permitted to settle in Australia. Faisal has never been informed of the reasons for the initial adverse assessment.
Legal challenge
Faisal and Sagar are suing the Director-General of SecurityDirector-General of Security
The Director-General of Security is the executive officer of the Australian Security Intelligence Organisation , the domestic security agency of Australia...
, Paul O'Sullivan
Paul O'Sullivan
Paul Thomas O'Sullivan, AO is Australia's High Commissioner to New Zealand and former Director-General of Security. Prior to his appointment to head ASIO in July 2005, O'Sullivan was former Prime Minister John Howard's senior foreign affairs advisor.O'Sullivan attended Marcellin College, Randwick,...
in the Federal Court in an effort to determine the reasons for ASIO's adverse assessments. In November 2007, the court ordered discovery
Discovery (law)
In U.S.law, discovery is the pre-trial phase in a lawsuit in which each party, through the law of civil procedure, can obtain evidence from the opposing party by means of discovery devices including requests for answers to interrogatories, requests for production of documents, requests for...
of documents including Faisal and Sagar's adverse security assessments, but ASIO appealed to the Full Court. Justices Ryan, North and Jessup are due to deliver their judgement on 18 July.
External links
- Michael Gordon, Home is where the broken heart is, The Age, 15 April 2005.
- Michael Gordon, 'This is not detention, this is hell', Sydney Morning Herald, 16 April 2005.
- Nick Squires, £15m-a-year bill to hold two refugees, The Telegraph, 15 October 2005.
- Michael Gordon, Nauru's last two asylum seekers feel the pain, The Age, 4 November 2005.
- Michael Gordon, "Living Hell" built for two, The Age, 11 March 2006.
- Michael Gordon, ASIO spies forget visas, The Age, 17 June 2006.
- Michael Gordon, Nauru makes evacuation plea for mentally ill refugee, The Age, 16 August 2006.
- Jewell Topsfeld and Michael Gordon, Mentally ill refugee may leave Nauru after five years, The Age, 17 August 2006.
- Peter McCutcheon, Nauru calls on Australia to resolve detainee plight, The 7.30 Report, Australian Broadcasting Corporation, 24 August 2008.
- Michael Gordon, Suicide warning led to visas for Nauru refugees, The Age, 6 November 2006.
- Nick Butterly, Man released after five years on Nauru, News.com.au, 31 January 2007.
- Minister defends case of Iraqi refugee, News.com.au, 1 February 2007.
- Karen Barlow, Nauru detainee granted permanent protection visa, AM, ABC Radio, 1 February 2007.
- Michael Gordon, Standing on common ground, The Age, 1 February 2007.
- Iraqi refugee vindicated by ASIO finding, lawyer says, ABC News, 1 February 2007.