Trial considers release of terrorist before deportation

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As convicted terrorist Abdul Nacer Benbrika fights to regain his Australian citizenship, another legal fight is underway preparing for his deportation.

The self-proclaimed Islamic preacher was arrested in 2005 over plots to attack Melbourne landmarks, including the MCG on grand final day that year and Crown casino.

Abdul Nacer Benbrika has been in custody since 2005.

He also said his group of followers needed to kill at least 1000 non-believers to make the Australian government withdraw troops from Iraq and Afghanistan.

Benbrika served a 15-year sentence and was due to be released in 2020.

But Victorian Supreme Court Justice Andrew Tinney found he was an unacceptable risk of committing a serious offence and ordered he be held in continuing detention.

Justice Elizabeth Hollingworth re-affirmed that order in May this year, but has now been called to review the case for an extended supervision order.

That could have him released from prison but with 24-hour monitoring including close scrutiny of telephone and online communications, friendships and movements.

The cancellation of Benbrika’s citizenship poses additional issues.

It’s argued that because he is an unlawful non-citizen, the law requires that he be detained until his removal from Australia.

Once the continuing detention order expires in December this year, federal authorities say he should be transferred from Barwon Prison, near Geelong in Victoria, to Long Bay Correctional Complex in Sydney pending deportation.

The Australian Border Force has signed off on his move to NSW. The hearing is continuing.

AAP

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