All Episodes

May 7, 2025 14 mins

In 1999, Ali Jafari fled the Taliban regime in Afghanistan and was resettled as a refugee in Australia. But then, while visiting Pakistan, his permanent residency was suddenly cancelled. Now, 12 years later, he’s still stranded – separated from his family and fighting ASIO’s allegations that he is a people smuggler.

In court, Jafari’s family and legal team are up against it. They have discovered that the evidence behind his adverse security assessment is deemed confidential and will only be presented in a closed hearing – without their presence.

It’s an example of how  the national security apparatus is increasingly being used to pursue suspected people smugglers, often at the expense of foundational principles of justice.

Today, journalist and contributor to The Saturday Paper Mark Isaacs on the Jafari family’s search for answers and why ASIO refuses to provide them.

 

If you enjoy 7am, the best way you can support us is by making a contribution at 7ampodcast.com.au/support.

 

Socials: Stay in touch with us on Instagram

Guest: Journalist and contributor to The Saturday Paper, Mark Isaacs.

Photo: AFP Photo / Basarnas

See omnystudio.com/listener for privacy information.

Mark as Played
Transcript

Episode Transcript

Available transcripts are automatically generated. Complete accuracy is not guaranteed.
Speaker 1 (00:01):
Hello, is Ali there?

Speaker 2 (00:09):
Hello?

Speaker 1 (00:09):
Hello?

Speaker 3 (00:10):
Is that Ali?

Speaker 1 (00:12):
Yes? Hello, Sir Ali? Is this lovely gentle, kind of
natured man?

Speaker 4 (00:20):
Oh yeah today, Hi, I'm very good.

Speaker 3 (00:22):
How are you my friend?

Speaker 1 (00:24):
Oh?

Speaker 2 (00:24):
Not too bad, not too bad, just passed live.

Speaker 3 (00:29):
My name is Mark and I'm the so.

Speaker 1 (00:31):
Ali Jafari was an Afghan refugee who fled the Taliban regime.

Speaker 3 (00:35):
In Afghanistan in nineteen ninety nine.

Speaker 1 (00:37):
He was twenty six years old when he left, and
he left behind his wife and three sons. Flew to
Indonesia and then boarded a smuggle of vessel to Australia,
where he intended to seek asylum.

Speaker 2 (00:50):
Enough of love they gave me for protection maser for
three years.

Speaker 1 (00:56):
He then sponsored his family to join him in Australia,
and they were overjoyed to be reunited in Australia in
twenty ten, and so that had been eleven years apart.
Shortly after that, Ali's wife gave birth to their fourth son,
and so things were going really well form them, or
so they thought.

Speaker 2 (01:17):
It is very hard live. It's very hard live. What
can I say to you? Sally is far away? What
can I do?

Speaker 4 (01:26):
From Schwartz Media, I'm Ruby Jones This is seven AM.
When Ali Jafari's permanent resident visa was suddenly canceled twelve
years ago, he was stuck in Pakistan, separated from his
family here in Australia. In the decades since, Ali's family

(01:47):
have been fighting allegations from ASIO that he's a people smuggler,
which he denies, but they have been up against a
goliath national security apparatus, one shrouded in secrecy, where suspected
people smugglers are treated as a similar threat to terrorists.
Today journalist Mark Isaacs on Ali's family's search for answers

(02:09):
and why ASIO refuses to provide them. It's Thursday May eight,
So Marck, welcome to seven AM.

Speaker 3 (02:24):
Thank you for coming on the show, Thanks for having me.

Speaker 4 (02:27):
You're here to talk about the case of Ali Jafari,
who came to Australia was later joined by his family
who all settled here, but then had his visa canceled.
So tell me what happened.

Speaker 1 (02:38):
So, after a few months in immigration detention, he was
given a temporary protection visa and then later permanent residency
and he opened a grocery store in Western Sydney with
his friend's side Akbar Jafari.

Speaker 2 (02:55):
I received a call from the someone Dasa from part.

Speaker 1 (02:59):
Of Ali had applied from the Shlian citizenship, so the
Department of Immigration invited him to attend an interview for
that citizenship.

Speaker 2 (03:08):
I say from where they say from the Paramatta Magresha.
When I go there, I see the Azio Police or PEPs.
I don't know about it.

Speaker 1 (03:18):
But when he arrived at the offices of the Department
of Immigration, it turned out to be a surprise interrogation
by two plane closed ASIO officers.

Speaker 4 (03:29):
So what did ASIO allege that Ali had done?

Speaker 1 (03:32):
So this friend Saija Jafari, who I mentioned before their
business relationship. That relationship between Ali and Say became the
center of an ASIO investigation into suspected people smuggling activities.
ASIO suspected that Ali had been a part of this
people smuggling syndicate that was based in Indonesia. So the

(03:54):
allegation is he would prefer a person who wanted to
use the smuggling syndicates, so they probably want to try
and get family members out of danger in Pakistan. And
the allegation is that he would take a cut from
those referrals. That's the extent of what we know, we
haven't seen any of the evidence to support that.

Speaker 4 (04:12):
Right, what do we know about that interrogation?

Speaker 3 (04:14):
What was said?

Speaker 1 (04:15):
So they immediately identify themselves to Ali, and they're clear
that the purpose of the interview was for a security assessment,
which they say is part of the citizenship process, and
over the course of that to our interview, they.

Speaker 3 (04:28):
Asked more than a thousand questions.

Speaker 1 (04:29):
The court documents say there was no lawyer present to
represent Ali, and at no point the Asier officers advising
and to obtain legal representation. Ali wasn't literate in English,
but he did speak English. There was an interpreter present,
but having read the Asier transcript of the interview, he
didn't rely on the interpreter, and so he claims that

(04:51):
he didn't know what Asia was at the time and
didn't understand the serious of the situation.

Speaker 2 (04:57):
You say, no, you have to talk to after something
like that. I don't know. I don't know about the
police they pictor I don't know about it.

Speaker 1 (05:06):
And you can imagine he's been in the country for
you know, ten years, just working in a shop. I'm
sure he wouldn't have understood exactly what was going on
in that scenario.

Speaker 2 (05:17):
They bushed him too, me no.

Speaker 4 (05:18):
You say.

Speaker 1 (05:19):
At the end of the interview, Ali asked the officers
if the interview was legal, and they admitted that using
the disguise of a in bracket citizenship interview could be
quite misleading, but this was quote regular practice. So after
the interview, it was the following year, while Ali was
abroad in Pakistan, he was visiting his mother. The Director
General of ASIO issued him with an averse security assessment

(05:43):
which says they suspected is a threat to national security
due to his suspected people smuggling activities. And based on
that assessment that the Minister then Cancelor's visa and that
was Minister Brendan O'Connor.

Speaker 3 (05:54):
And Ali's been in Pakistan ever since.

Speaker 4 (05:57):
And what about Ali's family, Yeah.

Speaker 1 (06:00):
I mean Ali's family were left behind. Ali's wife had
a breakdown and she shruggled to cope with his being away,
and so it was left to his son Say to
kind of support the family. He was finishing his high
school certificate, he was working part time. The family relied
on his income to survive. But it was also up

(06:20):
to Ali's sun Say to kind of work out what
had happened to him, and how they could challenge that legally.
So he'd been in the country for three years at
that point in time. He was a seventeen year old
Afghan kid who had lived in Pakistan the last years
as an undocumented refugee, and all of this burden was

(06:42):
put upon him, which is quite incredible. So they're a
bit confused. They don't understand what's happened. Even now, twelve
years later, they're still uncertain what happened to him, why
it happened to him, and how they can get some
kind of resolution to their story.

Speaker 4 (07:02):
After the break, Ali's sons fight to get their father home.
So Mark talked to me more about the legal process
after Ali's visa was canceled by the Immigration minister.

Speaker 1 (07:17):
So the first thing I would say is that the
way they were notified of the visa cancelation was the
family received the letter in the mail and they were
then expected to call Ali to tell him what had happened,
and they had to tell him that he would be
refused immigration clearents and removed from the country if he
tried to come back to Australia. Ali hired a solicitor,

(07:37):
Jeremy Sita and he applied for a merit's review of
Ali's security assessment. It took two years before court proceedings
for finalized. Ali tried to provide evidence from Pakistan, which
was a challenging process. He had to travel from courtA
to Islamabad, and you know, it's quite risky because he's
an undocumented person in Pakistan and he risk being deported

(07:59):
if he was court. He has no identity documents in Pakistan,
so if he wants to get his identity documents, he'd
have to go back to Taliban controlled Afghanistan to get them,
so he was kind of stuck in Pakistan.

Speaker 3 (08:12):
There.

Speaker 1 (08:13):
They went through this court case, but when they arrived
in court, the family discovered that the evidence behind the
security assessment was deemed confidential and would only be revealed
that a closed hearing, and that would be without the
presence of Ali's family or the legal team. They previously
tried to make two freedom of information requests for documents
relating to Ali's case, but both were rejected and they

(08:36):
were supplied with an unplassified what they term a statement
of grounds, which alleged that Ali was a prominent member
of the side abas maritime people smuggling syndicate.

Speaker 4 (08:47):
Right, So the evidence that ASIO used to support its
case that Ali Jafari was involved in people smuggling, that
evidence Ali has never seen it and his legal team
has never seen it.

Speaker 3 (08:58):
Yeah.

Speaker 5 (08:59):
Yeah.

Speaker 1 (08:59):
And interestingly, when the Tribe you don't made their decision,
they acknowledged that there wasn't enough of a case in
the kind of open evidence, which means the evidence that
Ali's legal team were able to see, and that the
thrust of the argument made by asio's council was in
the section that was confidential.

Speaker 4 (09:19):
I mean, it seems pretty unusual and also unfair to
have evidence used against you that you can't contest because
you can't see it.

Speaker 3 (09:26):
Yeah, certainly.

Speaker 1 (09:26):
I mean it goes against the foundational concepts of justice
that you're innocent until proven guilty and that you get
a fair trial. Yeah.

Speaker 4 (09:33):
So, to be clear, Ali has actually not been convicted
of people smuggling.

Speaker 1 (09:38):
No, He's never been convicted of people smuggling. And asio's
job isn't to convict people of smuggling. But Australian law
has made the offensive people smuggling into one of the
most serious criminal offenses.

Speaker 5 (09:50):
The government will introduce new bills into Parliament today to
beef up Asio's powers, allowing it now to go after
people smuggling, syndicates and criminals.

Speaker 1 (09:59):
The Labor government in two ten that gave as the
power to investigate suspected smugglers, provide security assessments and then
based on those security assessments, can cancel their visas they
can be placed in immigration detention or deported without criminal trial.

Speaker 5 (10:15):
The law enforcement response of this government is more substantial
than any other peacetime government in terms of border protection,
more boats on the water, more planes in the air,
stronger law enforcement powers, as well as working increasingly cooperatively
with our neighbors.

Speaker 3 (10:30):
And so that allows is Showing government.

Speaker 1 (10:33):
To avoid, I think, to go through the expensive and
often difficult process of charging someone with the criminal offense.
And in Ali's case, the cancelation of his visa while
he was a broad in Pakistan, which is quite a
unique case, the one that I've only I hadn't come
across other than Ali. That allowed them to avoid keeping
him in immigration detention indefinitely. So it was a far cheaper,

(10:55):
far less difficult process for the Showing government to handle.
The consequence was his family were left behind without a father.

Speaker 4 (11:07):
So Ali is in Pakistan still, how is he doing?

Speaker 1 (11:12):
I mean, he is despondent about the future. There's very
few legal avenues open for him to try and get
back to Australia. He would have to essentially rely on
a change of security assessment from Asia and then from
there be able to apply for another visa to Australia,
and the chances of that happening seem.

Speaker 3 (11:33):
To be quite low.

Speaker 1 (11:34):
He's been away from his family for almost twelve years now.
He's unable to work due to his not being a
citizen of Pakistan, and he's fearful of being targeted by
extremist groups, being arrested, of being deported to Taliban ruled Afghanistan,
which is increasingly happening in Pakistan at the moment to
Afghan refugees, and so he survives on the money that

(11:56):
his children sent home to him.

Speaker 2 (11:57):
He is very hard life, so you know, very hard
life is yet is very dune jet in Pakistan too.

Speaker 1 (12:06):
And since then his children have been quite prominent in Australians.
One of them was a professional boxer and another side
Ada was involved in community welfare programs helping refugees and
asylum seekers settle in the community through sports and other programs.

Speaker 2 (12:23):
My son, my wife, all my family upset is very
hard life.

Speaker 3 (12:29):
For me ahead yes said and his family. They miss
their dad a lot.

Speaker 1 (12:34):
So he doesn't like to talk about him at home
because it upsets his mum and he wants to be strong.

Speaker 3 (12:41):
For his mum and his brothers.

Speaker 1 (12:42):
But he remains determined for justice and so he wants
people to know how unfair this has been. But he's
also seeking a way to get his father back to
Australia and I don't know if that will be possible.

Speaker 4 (12:56):
Mark, Thank you so much for your time.

Speaker 3 (12:58):
Thank you, thanks for having.

Speaker 4 (13:09):
Also in the news today, Green's leader Adam Bann is
projected to lose his seat of Melbourne to Labour's Sarah
Whitty after a tight count that stretched several days. It
marks the second political leader to be ousted at the election. Meanwhile,
Independent Zoe Daniel has also lost her seat of Goldstein
to Liberal Tim Wilson, and in Kuyong in Melbourne's Inner East,

(13:30):
independent incumbent Manique Ryan has a slim edge over Liberal
Amelia Haimer. And India has launched multiple missile strikes inside
Pakistan and Pakistan administered Kashmir in what Pakistani authorities have
called a blatant act of war. Pakistani military officials say
at least twenty six people were killed and thirty five

(13:52):
others were wounded. It follows weeks of tension after a
terrorist attack in Indian controlled Kashmir killed twenty six Hindu
tura I'm Ruby Jones. This is seven a m. Thanks
for listening.
Advertise With Us

Popular Podcasts

Stuff You Should Know
Dateline NBC

Dateline NBC

Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com

24/7 News: The Latest

24/7 News: The Latest

The latest news in 4 minutes updated every hour, every day.

Music, radio and podcasts, all free. Listen online or download the iHeart App.

Connect

© 2025 iHeartMedia, Inc.