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Parkin - Federal Court decision today

By Richard Tonkin
Created 18/07/2008 - 11:21

Received this morning from Scott Parkin (I'll put up the court decision later today, hopefully with some further comment from Scott):

Update:  Have been talking via email this morning, he's a lovely bloke.  He just emailed to say that he'd just got an email from Melbourne to say that it's gone in his favour!

Federal Court decision today 

Today at 2.15pm. the full bench of the Federal Court will hand down an important judgment in my ongoing battle to overturn the Australian Security Intelligence Organization’s (ASIO) adverse security assessment.

In November last year, the court ordered discovery of security assessments and other documents relating to myself, Mohammad Sagar and Muhammad Faisal, the last two Iraqi asylum seekers detained on Nauru.

ASIO appealed to the Full Court, arguing that even revealing the number of documents they hold could jeopardise Australia's national security.

If the discovery order is upheld, my legal team will be able to apply for access to the adverse security assessment and other documents. This could mean that I finally find out what I am alleged to have said or done to warrant my detention and forced removal from Australia in September 2005.

But under legislation introduced by the Howard Government, the new Attorney General, Robert McClelland has the power to overrule the courts by declaring the appearance of evidence or witnesses to be prejudicial to national security.

This means Mr McClelland could come under pressure stop me, my lawyers or anyone else finding out exactly why ASIO considers a peace activist with a firm commitment to nonviolence to be a "direct or indirect threat" to Australia's national security.


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