Why a convicted terrorist is getting his citizenship back

My name is Lily Maddon and I'm a proud Arunda Bunjelung Cargoton woman from Gadighl Country. The Daily oz acknowledges that this podcast is recorded on the lands of the Gadighl people and pays respect to all Aboriginal and Torres Strait Island and nations. We pay our respects to the first peoples of these countries, both past and present.

Good morning and welcome to the Daily os. It's Monday, the sixth of November. I'm Sam and I am joined today for the very first time his podcast debut TDA journalist Harry Sekolitch.

Thank you, Sam. I'm just so ecstatic to be here. It's so good to have a new voice on the pod.

I mean, everyone loves the cast of characters we've got on the pot, but there's always room for one more. What are you going to bring us today?

Well, a convicted terrorist who's been in jail for eighteen years has been given the green light to get back his Australian citizenship after it was canceled in twenty twenty. He plotted to blow up Australian landmark, but the High Court has found the punishment didn't fit the crime.

Abdul Nassa Benbrika was convicted over terror plots, including one to attack the Lucas Heights nuclear reactor.

So who is Abdul Nasir Benbrika? How is his citizenship taken away? And why has it now been reinstated. We'll let you know in the deep dive. But Fir Sam, what's making headlines?

Victoria Police have confirmed five people have died after a car crashed into the beer garden at the Royal Hotel in Dalesford, which is northwest of Melbourne. According to police, a number of people are also injured.

Schools in New Delhi have been forced to close due to severe levels of air pollution. All primary schools in the Indian capitol closed for two days, with the government calling an emergency meeting to discuss next steps. Air pollution is expected to worsen in the next fortnight, coinciding with factors like burnt crop remains by farmers and low winds.

Anthony Alberanesi is in China in the first official visit by an Australian prime minister since twenty sixteen. Speaking in Shanghai yesterday, Albanesi said Chinese President Gi can expect a continuation of the patient, collaborated and deliberate way of engaging in Australia's national interests. A major focus of the trip will be the trading relationship between China and Australia, which may include the ending of long standing trade tariffs imposed by China.

And the good news, scientists have discovered two pristine coral reefs in the waters surrounding the Galapagos Islands. The reefs has situated three hundred and seventy to four hundred and twenty meters below sea level, with one of the reefs spanning over eight hundred meters in length. The discovery has helped scientists expand their understanding of the reefs within the

This is kind of bringing together all the kind of Netflix tropes I think terror plot, you know, conviction in the highest court of the land. Which country does this person belong to? But to take a step back from everything, who is abdulna Sir Benbrika and how did he end up originally behind bars?

So?

Ben Brica was born in Algeria in nineteen sixty and arrived in Australia when he was twenty nine. He became an Australian citizen nine years later. So he held dual citizenship in Algeria and Australia. And while it seems a bit weird to bring up all these details, they will become important later on, so keep that in the back of your mind. Ben Brica was arrested in two thousand and five in Melbourne as part of Australia's longest running

Abdul Nata Benbriker was of interest to Australian security agencies long before his arrest.

For the first time it can be revealed that two terrorrist cells based in Melbourne and Sydney were working together plotting attacks around Australia.

During Ben Breaker's trial, the Victorian Supreme Court heard evidence that Benbriker had spoken about plans to carry out a terrorist attack at the Melbourne Cricket ground, and he told a witness his terrorist group had intended to launch an attack at the AFL Grand Final, but they postponed plans due to security and funding issues. The witness said. Benbreker mentioned other possible targets including Melbourne's Crown Casino and the Grand

So that all happened in two thousand and five fifteen the year sentence takes us to twenty twenty. We're now in twenty twenty three, and obviously the story's back in the news. What happened in twenty twenty and why didn't he walk out of jail then?

Yeah, So in twenty twenty, the Home Affairs Minister at the time, Peter Dutton, applied for Benbricard to come under what's known as a continuing detention order, basically asking for Benbricard to remain behind bars even after his sentence was over. This was partly based on a forensic psychologist assessment of Benbrika who she described as being at high risk of

So basically the picture you're painting for me here is you have someone who's finished their sentence and under this continuing detention order they're actually allowed to be continually detained. And at the same time as all of this, there's this question about his citizenship. What did Dutton do with that citizenship?

So Peter Dutton came in and canceled Benbriker's citizenship after passing these laws.

I canceled the Australian citizenship of convicted terrorist Abdul Messer Benbriker. He's the first individual to have lost his citizenship on shore under the terrorism related provisions of the Australian Citizenship.

Back saying Ben Breeker continued to pose a risk to the Australian public and as a result he faced possible deportation back to Algeria. But the High Court struck down these laws two years later. The Court argued it was unconstitutional for a branch of government to punish criminal guilt, basically just saying the minister should stay in their lane and that it was the court's job and not the minister's, to decide whether Benbriker should have his citizenship canceled.

And so when the High Court overturns those laws, what did that actually mean for Ben Breaker?

So, after those laws were changed, Benbriker's lawyers used the decision to argue that the camp of his Australian citizenship was invalid and that it should be reinstated. And that brings us up to last week, a six to one majority in the High Court agreed with Benbriker's lawyers. They argued that in twenty twenty, Dutton had carried out a quote exclusively judicial function of punishing criminal guilt against Bembriker and that he should be given his Australian citizenship back.

Well, Peter Dutton is no longer in power, of course, it's now Anthony Alberanezi and Peter Dutton, then Home Affairs Minister, is now the opposition leader. What does the current government say about all of this?

Well, it's remarkably consistent. The Albanzer government actually wants to bring back those old laws stripping any dual citizen convicted of terrorism of their Australian citizenship. Prime Minister Anthony Alberanzi said the government will look closely at the High Court ruling on Benbrieker's citizenship and, in his words, respond appropriately. In a statement, the Home Affairs Minister Clara O'Neill said the government will examine the judgment and its implications in detail.

But for now it looks like Ben Breaker will have his citizenship reinstated. What about this prison sentence. Is he currently behind bars?

Well, he is behind bars, but the decision about his citizenship doesn't impact the continuing order of detention.

So they're kind of two separate issues.

Yeah, that's right. But while the citizenship case has played out, a separate legal case has been heard by a court in Victoria. So, as I mentioned, there was a continuing detention order in twenty twenty which allowed Benbriker to be held in prison for a further three years. But when nearing the end of that period of time, it's due to expire on December twenty three this year, and so the question has been what happens when the continuing detention

What's a control order?

So a control order would mean that he would be released, but would be under strict surveillance with curfews, attracking device and provisions on who he can contact, as well as means of communication, so he might not even have access to a phone or Internet for example. It's worth noting that there is no legal limit on the amount of times that continuing detention order can be renewed.

So it could conceivably go on forever.

As a law states, yeah, that's right, and so if Benbrika is deemed to be a threat to the community, the Victorian courts will have grounds to keep him under those strict conditions. So it's unclear at the moment whether or not he'll be released from prison at the end of this year, but will keep you posted as more information comes to light regarding his citizenship and his detainment.

I think you did pretty well for your first deep dive Harry, thank you so much and I'm looking forward to many more episodes with you in future.

Thank you, Sam, it's been a pleasure to chat with you.

And thank you for joining us today on The Daily Ods. If you learn something from this episode, there's one thing you can do in five seconds, maybe even four seconds, that would mean the world to us. You can take a screenshot of this podcast right now and put it on your Instagram story tag the Daily Odds. We'd love to see it and give us your review. Tell us what you thought of the pod. We'll be back again tomorrow. Have a wonderful day.