Federal Court to issue judgement on Scott Parkin

The full bench of the Federal Court will hand down its judgement tomorrow on whether deported US peace activist Scott Parkin has the right to know what information ASIO relied on in deeming him a threat to Australia's national security.

The Full Court decision will determine whether national security considerations override the right of an individual to know the accusations made against them by Australia's domestic spy agency.

In November last year, Justice Ross Sundberg ordered discovery of security assessments and other documents relating to Parkin and the last two Iraqi asylum seekers detained on Nauru, Mohammed Sagar and Muhammad Faisal.

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

If the discovery order is upheld, Mr Parkin's legal team will be able to apply for access to the adverse security assessment and other documents, including a secret 1990 "determination" which shows the criteria ASIO applied when it deemed Mr Parkin a security threat in September 2005.

Mr Parkin said that by refusing to detail allegations against him, ASIO was undermining universal human rights.

"Everyone has the right to know what wrong they are accused of. It shouldn't matter if you are an Australian citizen, a tourist or a refugee.

"Almost three years after I was locked up and kicked out of Australia, I still don't have any answers from ASIO."

"If I hadn't agreed to my removal from Australia, I would still be sitting in immigration detention with no clue about what I was supposed to have said to end up there."

ACT NOW: 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.

Help us remind our new Attorney General that ASIO answers to him - not they other way around. Find out more and send an e-mail to Mr McClelland at http://www.scottparkin.org