The Human Rights Committee of the United Nations recently found that Australia breached its human rights obligations under article 17(1) of the International Covenant on Civil and Political Rights (ICCPR) by unlawful interference in the family life of Mansour Leghaei. Dr Leghaei was forced to leave Australia, where his family were lawfully settled, by way of a process the Committee found lacked due process of law, thereby failing to provide him with “an adequate and objective justification for the interference with (his) long-settled family life” in Australia. 

Dr Leghaei’s application for a permanent residence visa was refused because the Australian Security Intelligence Organisation (ASIO) assessed he was a risk to national security, but at no stage has he been provided with even a summary of the reasons for that assessment. 

The Federal Court found that Dr Leghaei was entitled to procedural fairness, but admitted that “in practical terms” it amounted to “nothingness” in his case. Before the United Nations, the Australian Government maintained that this practical nothingness was nevertheless substantive procedural fairness at law, where provision of information to Dr Leghaei had only been limited to the extent necessary for reasons of national security.

This seminar considers the competing arguments presented to the United Nations on the central issue in this case: What is due process for aliens in cases where issues of national security arise?  

Joanne Kinslor is a member of the legal team that assisted Dr Leghaei to present his communication to the United Nations. Joanne is a Principal Solicitor at Kinslor Prince Lawyers and her main practice area is Australian immigration law. She is also an affiliate member of the Andrew and Renata Kaldor Centre for International Refugee Law.

Presented with the Centre for International Governance and Justice.