IS supporters free to return to Australia despite tough law changes

AUSTRALIA faces a deluge of some of the world’s most radical terrorists after tough laws to keep them out of the country failed.

There are about 100 Australians fighting or engaged with terror groups in Syria and Iraq. Picture: Getty Images

• Sydney terror plot: Man and woman to be charged
• Khaled Sharrouf stripped of Australian citizenship

AUSTRALIA faces a deluge of some of the world’s most radical terrorists after tough laws to keep them out of the country failed.

Intelligence experts have warned the federal government that there is nothing stopping scores of homegrown terrorists — including dual nationals who are fighting with Islamic State — from lawfully returning to Australia, despite new anti-terror laws designed to strip them of their Australian citizenship.

Immigration Minister Peter Dutton introduced legislation more than a year ago that sought to deprive dual nationals of Australian citizenship.

Editorial: Safety overrides any civil liberties

Neil Prakash is the most senior Aussie terrorist fighting for IS.

Hafsa Mohamed is a jihadi bride from Sydney.

Perth student Muhammed Sheglabo has fought with IS.

Hamza El Baf has fought for IS in Syria.

But The Daily Telegraph can today reveal Mr Dutton has been told the laws have several serious flaws.

It can alse be revealed that the law is set to be reviewed, and Prime Minister Malcolm Turnbull is understood to have asked Mr Dutton to submit necessary amendments.

A major problem with the existing laws is the requirement for authorities to prove that an Australian terrorist holds citizenship of another country. This requires the co-operation of authorities in Syria or Iraq, and they have so far refused to do so.

Of the 100 Australians fighting with Islamic State in Iraq and Syria, terrorist Khaled Sharrouf alone has had his citizenship stripped under the anti-terror laws.

Former Sydney cleric Mostafa Mahamed Farag is linked with Al-Qaeda.

Former Melbourne man Yusuf Mohamed Yusuf has fought in Syria.

Zehra Duman is an Australian recruiter of IS wives.

Mounir Raad, formerly of Melbourne, has fought with IS.

The case was successful because the government of Lebanon co-operated with the Australian government.

The Turnbull government has been warned that extremist fighters are likely to return home to Australia as Islamic State weakens and is driven out of Syria and Iraq.

Already, 40 fighters involved in the bloody conflict in Iraq and Syria have come back before the caliphate was declared in June 2014.

Australians flying back into the country after fighting with Islamic State can be prosecuted, but only if there is sufficient evidence to do so — which can be difficult for authorities to accumulate.

If there is not sufficient evidence, the terrorists can be hit with a control order to limit their travel, the people they associate with and their use of technology.

Another problem with the law is that a terrorist can only be stripped of their citizenship if they fight for a “declared terrorist organisation”.

Islamic State is the only group that is a ­ “Declared Terrorist Organisation”.

Security officials have told the government that under the law it will be unable to prove Syrian Islamic extremist group Al-Nusra Front or Jabhat Fateah al-Sham are terrorist organisations.

Most worryingly, the law is not retrospective. Australian fighters who tweeted pictures of themselves holding a bloodied head before May 2016 would be allowed back into Australia.

In the past year, terrorists have stopped publicising their atrocities, and it is believed any barbaric terrorist offences that took place before the December 2015 legislation cannot be taken into account.

The legislation was far stronger when first drafted by the government. But it went to the Parliamentary Joint Committee on Intelligence and Security, which made 27 recommended amendments to the bill — all of which were adopted so the laws would pass with bipartisan support.

The government has similar laws it has applied to dual-nationals found guilty of serious criminal offences.

Foreign Minister Julie Bishop said she had cancelled 165 passports of Australians seeking to leave the country to fight overseas.

“We believe there are about 100 Australians fighting in Syria and Iraq ... and we will take every step we can to prevent them from coming home,” she said.

Justice Minister Michael Keenan said: “ISIL is losing territory, losing their financial base, losing their battles, (and) their weakness presents significant security challenges.”