Investigation clears Campbelltown Council of religious discrimination over prayer ban threat at Minto Muslim welfare centre

A Sydney council has been cleared of alleged discrimination after threatening to ban large numbers of people praying at a Muslim centre in the city’s southwest.

The centre has been the subject of compliance checks by the council.

A Sydney council has been cleared of alleged discrimination after threatening to ban large numbers of people praying at a Muslim centre in the city’s southwest.

An independent investigation has found Campbelltown Council did not engage in racial or religious discrimination over its decision to impose notice of intention to issue a ‘development control order’ prohibiting the Australian Muslim Welfare Centre in Minto from allegedly being used as a place of public worship.

The council order was made over claims the site’s permitted use as community facility was “continually” being breached due to large numbers of congregants gathering for prayers and other activities.

The centre was originally approved by the council for use as a ‘community centre’ with a capacity of 150 people however the council claimed its investigators observed upwards of 300 people gathering along with cars illegally parked on surrounding residential sites.

Anisul Afsar, the president of the welfare centre, refuted the allegations and claimed the centre was being unduly “targeted” by the council on religious grounds.

The centre caters for more than 1500 members.

He said while members of the centre take part in religious prayers, the practice did not mean the centre was operating as a place of public worship such as a mosque.

In response to the order, the centre lodged a complaint with the council alleging it discriminated against the centre on the basis of race or ethnicity.

An independent report into the complaint – commissioned by the council and made public this week – has found there was insufficient evidence to substantiate the claims.

Residents say cars often park in surrounding residential streets.

Photos of cars parked near the centre.

The report by law firm Sparke Helmore stated: “There is insufficient evidence to demonstrate that the council deliberately targeted or set out to disadvantage the AMWC and conducted itself in a manner that showed its actions were based on discrimination towards Islam and Muslims”.

The report also noted the centre was inspected in response to complaints from residents of nearby homes and council compliance officers visited the centre to ensure it was meeting its conditions of consent.

Mr Afsar said he was yet to see the report.

“We still believe we’ve been singled out and unfairly treated because of our religion,” he said.

“If you’re a practising Muslim it’s your obligation to pray – it doesn't matter if you’re at a place of public worship, a park, or a function or community centre.

“Just because we pray, that doesn’t mean we’re a place of public worship.”

The welfare centre remains locked in a Land and Environment appeal against the council’s development control order.

Mr Afsar said if the appeal was successful it would ensure current activities can be maintained at the site to serve the growing number of Muslims residing in Sydney’s southwest.

A decision on the case is expected to be handed down in early October.

Concerns over the use of the site are meanwhile continuing to be raised by nearby residents with local homeowner Kellie Nicholas telling this publication there had been instances of large crowds gathering at the site resulting in noise, traffic congestion and other amenity impacts.

“This prayer time also includes some mornings before sun up and while in my view it may not be a mosque, it does not have all the characteristics of a mosque,” she said.

The centre – which has operated for more than five years – has 1500-plus members and also runs programs including social gatherings, youth-focused events and charity fundraisers.

The council – in a report – accepted the findings of the investigation and committed to “continue reviewing its approach and engagement to meet the expectations of our broader community”.