Terrorist Abdul Nacer Benbrika could have ‘ex-citizen visa’ cancelled

Convicted terrorist Abdul Nacer Benbrika could have his visa ­cancelled despite an upcoming hearing about whether he should be ­released from prison, a court has heard.

Abdul Nacer Benbrika.

Convicted terrorist Abdul Nacer Benbrika could have his visa ­cancelled despite an upcoming hearing about whether he should be ­released from prison, a court has heard.

The al-Qai’da supporter was arrested in 2005 and ordered to serve 15 years in jail after he was sentenced in 2009. He has now spent 18 years in prison, including time served between 2005 and 2009, after a post-detention order kept him in custody for a further three years.

He remains in Australia on an ex-citizen visa – a permanent visa class that allows its holder to remain in the country but not return – after his citizenship was cancelled more than two years ago.

During a hearing at the Victorian Supreme Court on Wednesday, Peter Hanks KC, for the Attorney-General, said he wanted to address judge Elizabeth Hollingworth about the “possible cancellation of Mr Benbrika’s non-citizen visa”.

“Yesterday we wrote to the court and to Mr Benbrika’s lawyers saying that a brief has been prepared … (for) the Minister of Home Affairs (Clare O’Neil) to consider whether to cancel that (the ex-citizen) visa,” Mr Hanks said. “We fully understand that the cancellation, if it proceeds, it would have significant consequences for this proceeding.”

Mr Hanks later said the brief was “still in preparation”.

“If a brief does go to the minister, she will be obliged to give it ­appropriate, independent consideration,” he said.

After noting the matter had first been raised in February last year and the Attorney-General’s Department had not previously filed documents with the court on time, Justice Hollingworth said: “I can’t believe this issue is being raised now.

“I want the minister to understand, given how long this has been floating around, this will not hijack the hearing.

“Unless his visa has been cancelled, things will just proceed on the current basis. If it’s been cancelled, everybody understands things will have changed and we will have to reconsider the position then.”

Mr Hanks said if Benbrika’s visa was cancelled, he would be placed in immigration detention.

He could then theoretically be ­deported, but – in separate proceedings in the High Court – he is attempting to challenge the decision to cancel his citizenship ­altogether, saying the move was invalid. It is also unclear if the country where Benbrika was born, Algeria, would accept him if he was deported. The High Court challenge is set for June 14 and 15, according to Benbrika’s barrister, Grace Morgan.

In addition, there are two proceedings on foot in the Supreme Court relating to Benbrika. One is an application from Benbrika to review his continuing detention order, which related to the hearing on Wednesday, and the second is an application from the Attorney-General for an extended supervision order.

Benbrika will face an application for review on June 1 when arguments about whether or not he should be placed on an ­extended supervision order are expected to be heard.

If he is placed on an ­extended supervision order, he will be released from jail on a tight supervision scheme which would see him monitored 24 hours a day.

As well, his communications will be closely monitored and friendships vetted.

The news follows a report from the nation’s security watchdog which found laws introduced in 2016 to keep terrorists in prison after they have served their sentence, called a continuing detention order, should be repealed.

The National Security Legislation Monitor, Grant Donaldson, said the laws were “dispropor­tionate” to Australia’s risk of ­terrorism.

Benbrika was convicted over two terror plots that would have targeted the 2005 AFL grand final and the Melbourne Crown casino during the grand prix weekend in 2006.