[ad_1]
123RF
A woman’s earlier trip to Turkey and Isis’s online approval led to her passport being canceled. (File photo)
A woman nicknamed “Mrs. A”, whose New Zealand passport was canceled because she was suspected of intending to aid ISIS terrorism, has not been able to revoke the cancellation.
Her passport was canceled because Interior Minister Peter Dunne in 2016 thought there were reasonable grounds to believe that the woman was a danger to Syria by trying to facilitate a terrorist act.
Based on information from the Security Intelligence Service (SIS), there were reasonable grounds to believe that he had previously attempted to travel to Syria to join the Islamic State of Iraq and Syria (ISIS) in August 2015, and in May 2016. he still intended to. Do that.
Canceling his passport would prevent or prevent him from participating in or facilitating a terrorist act, Dunne said.
READ MORE:
* The mystery of the case of the secret passport exposed as an alleged terrorist threat
* The secret passport case survives the minister’s attempt to remove it from court
* Lawyer in case of secret passport worried
* Possibility of contesting classified information in case of secret passport
The minister was told that she had been detained at the Turkish-Syrian border on suspicion of trying to enter Syria, marry an Isis fighter and support Isis.
It was alleged that she was deported and instead of using her plane tickets to return to Australia, she tried to change her appearance, returned to the Middle East and after being denied entry to some countries, she returned to New Zealand.
It was said that he told Customs that he had planned to visit his family in a Turkish refugee camp.
Her passport was canceled, but as an Australian citizen she was able to go to Australia, even though there was evidence that her Australian passport was also canceled.
Monique ford
Judge Robert Dobson rejected the arguments that the woman’s passport was incorrectly canceled. (File photo)
The SIS believed that she was responsible for pro-Isis material posted online and for translating pro-Isis material so that it could be more widely disseminated and used to facilitate terrorism.
The woman said the decision was made negligently, in bad faith and unfair. In Wellington High Court, he wanted the decision reversed and damages awarded.
In a decision on Thursday, a judge rejected an argument that his passport – officially registered as lost before the decision to cancel it – had indeed ceased to exist, making the decision to cancel it a “null or void.”
The judge said the “lost” status did not have the effect of canceling it.
123RF
The woman said her passport has already been canceled due to being recorded as lost, so it could not be canceled again. (File photo)
His name and identifying details were suppressed.
Due to the classified security information involved, the woman was unaware of some evidence used against her. The court appointed a “special defense” attorney who was allowed to view classified evidence and raise issues on its behalf. Otherwise, he has acted on his own behalf via telephone and audiovisual links from his home in Australia.
The judge issued a classified version of his decision and a public one scrutinized for classified information before publication. The closed version was addressed only to the special counsel, Crown Law, and the minister.
The judge said that a UK judge had stated that the special counsel procedure could not “guarantee the substantial measure of procedural fairness that was required”.
Steve Allen / 123RF
The judge said there was no credible basis for believing that the woman denied her support for Isis’s violent core target. (File photo)
In the public version of his decision, Judge Dobson said that special counsel, Ben Keith, had “raised and thoroughly prosecuted” a wide range of other grounds that challenged the legal basis for the cancellation, but all failed.
They included a challenge to the minister’s reasonable grounds for believing that the woman intended to commit a specific act or crime.
The judge rejected a criticism that the information Dunne based his decision on was not fair, accurate and adequate.
The judge also rejected a claim that the more general material on Sunni Muslims was not separated from the pro-Isis material. There was no credible basis for thinking that the woman denied her support for Isis’s central goal of violent jihad.
David White / Stuff
The case was kept under wraps through various stages involving classified security information. (File photo)
He was in Australia when he found out about the passport cancellation. The judge rejected his claim that the use of the Australian Federal Police to inform him of the decision was intended to “maximize hurt and emotional damage.”
The judge said that the minister’s decision should be considered in the context of the time when it was made in 2016. It was not a decision that could be justified now, or probably from December 2017 onwards when it was accepted that the woman could run. for a new passport.
By December 2017, Isis had lost 95% of its territory.
An extraordinary degree of prejudice to his current life would result from the publication of his name, he said in accepting his request for the name removal.
She has chosen not to apply for a new passport yet.
The minister had canceled seven passports before hers, but all on the basis of the intention to commit terrorist acts rather than to facilitate them.
