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Sheikh Mansour Leghaei

Dr Mansour Leghaei waving goodbye at Sydney Airport
Personal
Born (1962-08-04) August 4, 1962 (age 62)
ReligionUsuli Twelver Shia Islam
Other namesArabic: شيخ منصور لقا ٔي
Persian: شيخ منصور لقاٸ
Senior posting
Based inSydney, Australia
Period in office1997–2010
SuccessorSaid Ahmed Hoseini
PostSheikh
Websitewww.ihic.org.au

Dr Mansour Leghaei (Born 1962) is the founder and a Director of the Imam Husain Islamic Centre and the School of Islamic Theology in Earlwood, Australia, serving as the Imam from 1997 - 2010[1]. He previously served in Nigeria where in 1992 he opened an Education Centre called Ahul Bayt[2].

Leghaei is known in Australia[3][4] and in the international media[5][6][7][8][9] for his drawn out legal battle, spanning more than a decade with the Australian Government and its Security Services. Leghaei challenged the government's security assessment of him in his bid to gain permanent residency. The case often draws parallels in the media and by his lawyers [10] as a real life narrative of the novel The Trial by Franz Kafka, due to the allegations, nor the nature of the allegations against him, have never been revealed by the authorities

Leghaei is seen as a prominent member within the interfaith communities[4][11] and is currently the chairman of the Marrickville Interfaith Round Table[12][13]. Leghaei has attended a number of seminars to provide an Islamic perspective, including the Ecumenical Service on ‘The Dead Sea Scrolls’ held at the Sydney Art Gallery, ‘Religious Therapy’ on the occasion of World Day of Cancer at Sydney University and ‘Spirituality of Great Traditions’ at St. James’ Church [14].

Early life and Education

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Leghaei was born in Abadan Iran[14], to a religious Shia family. He earned a PhD in Islamic Theosophy from the University of Qom[14], where he studied under a number of renowned scholars including, the Late Grand Ayatollah Jawad Tabrizi, the Grand Ayatollah Wahid Khorasani, Grand Ayatollah Musa Shobairy Zanjani, Ayatollah Hasan Hasan Zadeh Aamoli, Ayatollah Jawadi Aamoli, Ayatollah Mesbah Yazdi and Sh. Muhammad Bahjat and The Late Ayatollah Bahrol-Oloom Mirdamadi[15].

Nigeria

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In 1992, Dr Leghaei began his overseas religious services in Kano, Nigeria where a significant Shia minority exists. During this period Dr Mansour founded an education centre called Ahul Bayt[2]. Ahul Bayt is a commonly used Islamic term referring to the "House of the Prophet"[16]. However in 1993, due to increasing violence in Nigeria, Leghaei returned to Iran with his family.

Australia

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According to documents rendered to the Federal Court of Australia Leghaei with his family first arrived in Australia in 1994 under a Short Stay Business Visa, where, he was employed as a Halal Meat Supervisor. The following year, he applied and successfully received a Religious Worker Visa which allowed him to work as a Muslim Leader and travel internationally[17].

In 1996, Leghaei applied for permanent residency for himself and his family, and received bridging visas whilst their applications for residency were being reviewed. These bridging visas did not permit international travel[17]. Supporting his application were character references from two Members of Parliament Anthony Albanese and Robert McClelland[18] who is the current Attorney-General of Australia and at the time was an opposition backbencher.

McClelland, described Leghaei as:

"an erudite man, conciliatory in tone and demeanour" who would be an "asset" to both the Muslim and Australian communities".[19][20]

In 1997, Leghaei was refused permanent residency on the grounds that he had been assessed as a risk to the national security of Australia. In his appeal, Leghaei obtained a second character reference from McClelland. Despite being aware of the security concerns surrounding Leghaei[19], McClelland, in Leghaei's defense wrote:

"I was most surprised to learn that Sheik Leghaei's application had been rejected on the failure to satisfy part 4002 of Schedule 4 of the Migration Regulations, that is the public interest criteria."[19]

Part 4002 of the regulations requires that an applicant "is not assessed" by ASIO to be directly or indirectly a risk to security.


In the same year, Leghaei established the Imam Husain Islamic Centre with the stated aim of addressing the educational, welfare and religious needs of the Muslim community[1]. The unveiling of the centre was attended by a number of high ranking public dignitaries, including the then Attorney-General Philip Ruddock, who provided his blessing by noting:

"I do note very much the inclusive nature of the centre that you have developed."[21]

Between 1997 and 2002, Leghaei pursued review proceedings and a formal assessment was carried out by ASIO. The substance of the assessment was that Leghaei was "directly or indirectly a risk to Australian national security." [17]

Between 2002 and 2010, Leghaei appealed and endeavoured to ascertain the reasoning for the adverse security assessment and had hearings and matters before a range of bodies, including the Immigration Review Tribunal, the Federal Court and the High Court of Australia[22]. These appeals failed because as a non-citizen of Australia, Leghaei was not entitled to natural justice or procedural fairness for the reason of national security considerations[5], and no Legal Board had the authority to examine the allegations or overrule the ASIO assessment[23].

After the failed appeals, Leghaei's next option was Ministerial intervention by the Immigration Minister Chris Evans. A number of support rallies were organised to show support for Dr Leghaei, including a rally outside the Parliament House of Australia in Canberra where more than 1000 supporters attended[23]. However, Mr Evans did not intervene[23].

Prior to the rally a number of world bodies weighed into judicial process surrounding Leghaei's case. The United Nations Human Rights Committee advised the Australian Government that "deporting Leghaei would be a possible violation of Dr Leghaei's human rights"[24] and the International Covenant on Civil and Political Rights (ICCPR), which Australia is a signatory to and has ratified also informed the Australian Government, that "deporting Dr Leghaei was contrary to the right to a fair hearing"[25].

Nevertheless, in mid May 2010, Leghaei's bridging visa was not extended and was given six weeks to leave Australia. Leghaei, complied by leaving on the 27th of June 2010, along with his wife and youngest child. [26]

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Awards and Recognition

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Dr Mansour Leghaei, has received a number of accolades, including:

  • Community Service Award from Australian MEFF Consortium Inc in 2000[14];

Criticism

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As a result of indistinctness surrounding the allegations and the lack of natural justice pertained to Dr Leghaei, a number of Nobel Peace Prize laureates and international human rights activists openly criticised the Australian Government for the vagueness of the accusations and the deficiencies in procedural fairness. These criticisms include

  • Archbishop Desmond Tutu who said, "In South Africa we used to have detention without trial," and "In Australia you have deportation without trial.”[20][27];
  • Nobel Peace Prize laureate Máiread Corrigan-Maguire wrote "That the deportation would breach the International Covenant on Civil and Political Rights, to which Australia is a party"[20];
  • In a statement, the former Bishop of Jerusalem Riah Hanna Abu El-Assal said, "Dr Leghaei is not only not a threat to Australian national security but indeed through his peaceful presence and work both within the Muslim community and with other religious leaders and people, makes a great contribution to Australian society"[4][28]; and
  • Dr Chandra Muzaffar, a Malaysian political scientist, Islamic reformist and activist said, "The impending deportation of Sheikh Mansour Leghaei is a travesty of justice. There is no doubt at all that his human rights have been violated."[4][29]

Published Text

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Personal

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He is the father of four children and is fluent in three languages: Farsi, Arabic and English.

Quotes

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When questioned about his past: ’’I think my 16 years of peaceful life in Australia is my best evidence.’’ [30]

At Sydney Airport, before departure: "My body will depart Australia but definitely my soul and my spirit will remain here forever." [26]

References

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  1. ^ a b "Imam Husain Islamic Centre - About Us".
  2. ^ a b "One last chance for cleric in ASIO's sights". www.smh.com.au. Retrieved 2010-07-03.
  3. ^ "Sheikh to take deportation fight to United Nations". www.abc.net.au. Retrieved 2010-06-30.
  4. ^ a b c d "Faiths unite in support of sheik". www.canberratimes.com.au. Retrieved 2010-07-03.
  5. ^ a b "UN probe into cleric's deportation". www.nzherald.co.nz Retrieved 2010-07-05. {{cite news}}: Check |url= value (help)
  6. ^ "Australia: International Progress Organization expresses concern over deportation of Sheikh Mansour". www.abc.net.au. Retrieved 2010-06-30.
  7. ^ "Fighting to stay in Australia". english.aljazeera.net. Retrieved 2010-07-01.
  8. ^ "Australian government ignoring international conventions to deport Muslim cleric". www.topnews.in. Retrieved 2010-07-01.
  9. ^ "Protesters Urge Australia Not to Deport Iranian Cleric". www1.voanews.com. Retrieved 2010-07-01.
  10. ^ "Sheikh Leghaei endures a Kafkaesque nightmare in our midst". www.smh.com.au Retrieved 2010-07-01.
  11. ^ Anglican Clergy Support Sheikh Mansour Leghaei Pg. 7 Retrieved 2010-07-04 http://anglicanstogether.org/newsletters/AT-Newsletter-Mar10.pdf. {{cite news}}: Missing or empty |title= (help)
  12. ^ "Iranian cleric is a symbol of unity, not fear". www.abc.net.au Retrieved 2010-07-04.
  13. ^ "A Catholic Voice for Save the Sheikh". petermaher.blogspot.com Retrieved 2010-07-04.
  14. ^ a b c d "World Peace Forum- Speakers".
  15. ^ "eHawza".
  16. ^ "Accusations lost in translation". www.brisbanetimes.com.au Retrieved 2010-07-04.
  17. ^ a b c Leghaei vs Director General of Security Pg. 4 Retrieved 2010-06-30 http://www.fedcourt.gov.au/judgments/J051576.pdf. {{cite news}}: Missing or empty |title= (help)
  18. ^ "ASIO to Sydney Sheikh: deport yourself, please". www.theage.com.au Retrieved 2010-07-05.
  19. ^ a b c "McClelland gave references for sheik 'spy'". www.theaustralian.com.au Retrieved 2010-07-05.
  20. ^ a b c d "Peace prize winner in bid to save sheikh". www.smh.com.au Retrieved 2010-07-05.
  21. ^ "Community 'will suffer' if sheikh is deported". www.abc.net.au/lateline Retrieved 2010-07-05.
  22. ^ "Sheikh to be deported but wife and one child to stay". www.smh.com.au Retrieved 2010-07-05.
  23. ^ a b c "Hundreds protest over sheikh's deportation". www.sbs.com.au Retrieved 2010-07-05.
  24. ^ "Supporters rally against the deportation of black listed Muslim cleric sheik Mansour Leghaei". www.theaustralian.com.au Retrieved 2010-07-05.
  25. ^ "Nobel Laureates Criticize Australia Over Planned Deportation Of Iranian Cleric". www.pressmap.de Retrieved 2010-07-05.
  26. ^ a b "Muslim cleric leaves Australia for good". www.smh.com.au Retrieved 2010-07-05.
  27. ^ a b ".Australia: International Progress Organization expresses concern over deportation of Sheikh Mansour". http://www.wpfdc.org Retrieved 2010-07-05. {{cite news}}: External link in |work= (help)
  28. ^ "Protesters rally over Sheikh deportation". bigpondnews.com Retrieved 2010-07-05.
  29. ^ "Nobel Laureates Criticize Australia Over Planned Deportation Of Iranian Cleric". bigpondnews.com Retrieved 2010-07-05.
  30. ^ "Deportation of sheikh puts Australia at odds with the UN". www.smh.com.au Retrieved 2010-07-05.
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