Concerns over release of asylum seeker terrorism suspect

An inquiry has found communication problems involving three federal government departments led to an asylum seeker suspected of terrorism being cleared for community release.

(Transcript from World News Radio)

The report from the Inspector General of Intelligence and Security has found Egyptian asylum seeker Sayed Abdel Latif was cleared despite being the subject of Interpol's highest alert for alleged terrorism offences.

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The report indicates the clearance could have had serious national security implications.

The report finds the Australian Security and Intelligence Organisation, the Australian Federal Police and the Immigration Department all knew Abdel Latif was the subject of an Interpol red notice by June 2012.

Despite the concerns the report finds no co-ordinated response was initiated and, after what's described as an "extremely limited" check, in July ASIO cleared the asylum seeker for community detention.

The asylum seeker is referred to in the report as "Mr E".

Inspector-General of Intelligence and Security Dr Vivienne Thom writes the break-down in communication could have had serious national security implications.

"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. In the case of Mr E the potential for harm to national security that could have been caused by these problems did not materialise; however, such an outcome is not assured for other complex security cases. While cases that involve national security concerns about individuals seeking asylum are not common there is a need for a more coordinated approach to resolving potential matches to national security alerts."

The report says in 2001 the AFP uploaded Abdel Latif's Interpol red notice which included a murder conviction, firearms charges and membership of a terrorist group in Egypt.

But the report identifies a "disconnect" between ASIO staff about the approval process, and a communication breakdown between the spy agency and the immigration department which meant Abdel Latif spent nearly a year in low-security detention.

The 57-page document finds there was "little understanding" by immigration officials about what types of security checks ASIO conducted and if the then Immigration Ministers Chris Bowen and Brendan O'Connor, or Attorneys-General Nicola Roxon and Mark Dreyfus, were advised about the processes.

In June last year, then Opposition Border Protection spokesman Michael Keenan blasted the government over its handling of the case.

"He was subsequently placed in the Inverbrackie family detention accommodation facility in the Adelaide Hills - a facility that is surrounded by the equivalent of a pool fence."

After spending nearly a year in low-security detention, Abdel Latif was transferred to a higher-security facility in Sydney's Villawood detention centre in April 2013.

In June, then Prime Minister Julia Gillard ordered an inquiry into the case.

In the resultant report, Dr Thom writes the various agencies were facing high workloads and demands, which she says go some way to explaining the breakdown in communication.

Dr Thom has made six recommendations to improve procedures, coordination and record sharing retention.

Attorney General, Senator George Brandis says he understands the recommendations are being implemented.

"The Inspector General of Intelligence and Security has looked at the matter, has made a number of recommendations and those are either being acted upon by the new government or had been anticipated and put into operation by Mr Morrison at his own initiative."

In June, Interpol removed the murder conviction and additional firearm charges from its notice on Abdel Latif.

He remains in Villawood and is still listed as having been convicted of belonging to a banned terrorist organisation.

Refugee Action Coalition spokesman Ian Rintoul says Abdul Latif maintains his innocence.

"It was a show trial of people regarded as political opponents by the Mubarak regime. He was sentenced to 15 years for crimes that he never committed. That was the basis of his asylum claim you would have thought the authorities would have looked at that trial. He gave the evidence of that trial. It's been condemned by Amnesty International, other people who were sentenced at trial have since had their convictions quashed because it was a political frame-up and confessions were extracted on the basis of torture but our immigration authorities won't even bother to consider that."

Mr Rintoul says Australian authorities should be wary of red-notices issued by countries asylum seekers commonly flee.

Immigration Minister Scott Morrison has not responded to SBS requests for comment.

Opposition Immigration spokesman Richard Marles was not available.