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Sayed Abdellatif inquiry finds potentially dangerous failings Sayed Abdellatif inquiry finds potentially dangerous failings
(6 months later)
A breakdown in communication between immigration officials, Asio and the federal police that could have had serious national security consequences has been revealed in a report that raises serious questions about procedural fairness in the case of an Egyptian asylum seeker Tony Abbott labelled as a “convicted jihadi terrorist”.A breakdown in communication between immigration officials, Asio and the federal police that could have had serious national security consequences has been revealed in a report that raises serious questions about procedural fairness in the case of an Egyptian asylum seeker Tony Abbott labelled as a “convicted jihadi terrorist”.
Abbott last year, while opposition leader, called Sayed Abdellatif a “convicted jihadist terrorist”. In 1999 Abdellatif was convicted in a mass trial of 107 people. A red notice issued by Interpol said he had been convicted of murder and explosives possession. Interpol dropped these claims after an extensive investigation by Guardian Australia, leaving just two non-violent convictions on the red notice.Abbott last year, while opposition leader, called Sayed Abdellatif a “convicted jihadist terrorist”. In 1999 Abdellatif was convicted in a mass trial of 107 people. A red notice issued by Interpol said he had been convicted of murder and explosives possession. Interpol dropped these claims after an extensive investigation by Guardian Australia, leaving just two non-violent convictions on the red notice.
An inquiry by the inspector general of intelligence and security into the case of Abdellatif – now detained in Australia – found systemic failures. Its report highlights extraordinary levels of miscommunication, including a major breakdown within Asio.An inquiry by the inspector general of intelligence and security into the case of Abdellatif – now detained in Australia – found systemic failures. Its report highlights extraordinary levels of miscommunication, including a major breakdown within Asio.
The inquiry was commissioned by the former prime minister Julia Gillard after Abdellatif’s case was raised by the Coalition in parliament to argue that Labor had made Australia “less safe”.The inquiry was commissioned by the former prime minister Julia Gillard after Abdellatif’s case was raised by the Coalition in parliament to argue that Labor had made Australia “less safe”.
The inquiry report says that despite all three agencies being aware of the possibility that Abdellatif was the subject of an Interpol red notice for serious convictions, no co-ordinated response was initiated. Asio refused to assist the Immigration Department in determining Abdellatif’s identity when questions about the red notice were raised in 2012.The inquiry report says that despite all three agencies being aware of the possibility that Abdellatif was the subject of an Interpol red notice for serious convictions, no co-ordinated response was initiated. Asio refused to assist the Immigration Department in determining Abdellatif’s identity when questions about the red notice were raised in 2012.
“Overall there was a lack of co-ordination, a duplication of effort and a lack of urgency in obtaining information about whether a person in immigration detention potentially matched a national security alert,” the inspector general, Vivienne Thom, writes.“Overall there was a lack of co-ordination, a duplication of effort and a lack of urgency in obtaining information about whether a person in immigration detention potentially matched a national security alert,” the inspector general, Vivienne Thom, writes.
The report makes clear that Abdellatif subsequently proved not to be a national security threat but expresses concerns that the breakdown in communication could have serious implications in other cases. “The potential for harm to national security that could have been caused by these problems did not materialise,” it says, “however, such an outcome is not assured for other complex security cases.”The report makes clear that Abdellatif subsequently proved not to be a national security threat but expresses concerns that the breakdown in communication could have serious implications in other cases. “The potential for harm to national security that could have been caused by these problems did not materialise,” it says, “however, such an outcome is not assured for other complex security cases.”
The report notes a catalogue of failings throughout the handling of Abdellatif’s case and criticises record keeping. Much of the information in the Immigration Department “resided in emails in personal drives and there were inadequate corporate records of key decisions”. The report also states that “key procedures and agreements” between the department and Asio “were not well documented”.The report notes a catalogue of failings throughout the handling of Abdellatif’s case and criticises record keeping. Much of the information in the Immigration Department “resided in emails in personal drives and there were inadequate corporate records of key decisions”. The report also states that “key procedures and agreements” between the department and Asio “were not well documented”.
The report highlights the tensions between the department and the Australian federal police when they were seeking to tie Abdellatif to the red notice. The AFP became aware that the man listed the red notice was “likely to be identical with” Abdellatif in January 2013 but did not inform the department of this until 20 February that year.The report highlights the tensions between the department and the Australian federal police when they were seeking to tie Abdellatif to the red notice. The AFP became aware that the man listed the red notice was “likely to be identical with” Abdellatif in January 2013 but did not inform the department of this until 20 February that year.
The report says the AFP was handed court documents in November 2012 that showed Abdellatif had been acquitted of the major convictions listed on the red notice but it took until April 2013 for the AFP to “partially” translate these documents. They were not passed to Asio or the Immigration Department. The report says the AFP was handed court documents in November 2012 that showed Abdellatif had been acquitted of the major convictions listed on the red notice but it took until April 2013 for the AFP to “partially” translate these documents. They were not passed to Asio or the Immigration Department.
This revelation raises serious questions about why the AFP did not disclose information about the contested nature of Abdellatif’s convictions during a Senate estimates hearing in May 2013 when his case was discussed.This revelation raises serious questions about why the AFP did not disclose information about the contested nature of Abdellatif’s convictions during a Senate estimates hearing in May 2013 when his case was discussed.
Despite the AFP liaising with authorities in Egypt, neither the Australian Department for Foreign Affairs nor the attorney general were asked for advice about the nature of the alleged convictions.Despite the AFP liaising with authorities in Egypt, neither the Australian Department for Foreign Affairs nor the attorney general were asked for advice about the nature of the alleged convictions.
The report states that Abdellatif consistently complied with questioning from the AFP and did not withhold information about his past.The report states that Abdellatif consistently complied with questioning from the AFP and did not withhold information about his past.
He was originally transferred to community detention but in April 2013 was transferred to high-security detention in Villawood, Sydney, just days before the media reported his case. The report highlights that at this point Asio still refused to aid the investigation and that a ministerial briefing on the transfer prepared in February was not handed to the minister until April.He was originally transferred to community detention but in April 2013 was transferred to high-security detention in Villawood, Sydney, just days before the media reported his case. The report highlights that at this point Asio still refused to aid the investigation and that a ministerial briefing on the transfer prepared in February was not handed to the minister until April.
The Asio approval process for community detention is also criticised. “Within Asio there was a disconnect between what the senior executive had approved as a process of checks, what operational staff understood, and what actually happened. There was inadequate guidance for Asio staff.”The Asio approval process for community detention is also criticised. “Within Asio there was a disconnect between what the senior executive had approved as a process of checks, what operational staff understood, and what actually happened. There was inadequate guidance for Asio staff.”
The report says the senior immigration official who approved this transfer had not seen the Interpol red notice nor the AFP’s advice on it.The report says the senior immigration official who approved this transfer had not seen the Interpol red notice nor the AFP’s advice on it.
The inspector general also says Abdellatif’s state of detention should have been reviewed after the major charges in his red notice were dropped. Abdellatif remains in detention in Villawood, separated from his wife and children.The inspector general also says Abdellatif’s state of detention should have been reviewed after the major charges in his red notice were dropped. Abdellatif remains in detention in Villawood, separated from his wife and children.