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There may be a breakthrough on the horizon in the case of Thai-detained refugee, Hakeem al-Araibi.
Key points:
- The Citizenship Act has a condition to speed up the process for elite athletes who could represent Australia in sport
- An immigration lawyer says this could be used to help Mr al-Araibi's case
- The Australian Olympic Committee was supportive of the idea
Reuben Saul, an immigration lawyer, has told The Ticket officials in Thailand have been limited in their negotiations with the Australian Government because Mr al-Araibi was a Bahraini citizen, with no official links to Australia — other than being recognised as a refugee.
However, the case could shift quickly and in favour of Mr al-Araibi, if Australian sports officials requested a fast-track for citizenship using a specific part of Citizenship Act open only to elite athletes.
"There is a mechanism in which the Minister for Home Affairs, or the Minister for Citizenship, can effectively fast track citizenship where someone is an elite sports person who is likely to play in a certain number of international competitions," Mr Saul said.
"So, if for example, someone from the Australian Olympic Committee (AOC), says he had a reasonable prospect of playing on the Olympic soccer team for Australia this could effectively give the Ministers for Immigration and Citizenship the ability to fast track his citizenship.
"There's no reason why — if you could put the Football Federation Australia (FFA), the AOC, and the ministers at the table — they couldn't work this out.
"His situation is particularly desperate because at the moment he's a Bahraini citizen stuck in a Thai prison.
"Australia's ability to intervene in that situation is so limited — he's not an Australian citizen, he's not afforded full consular assistance."
Mr al-Araibi, 25, played one international for Bahrain in 2013 but FIFA regulations would permit him to also represent the Australian national team as it was a friendly match, not part of an official tournament.
The Olympics is an under-23 tournament for men's football, but the Olyroos would be permitted to take three over-age players if they were to qualify.
Backing from top sporting bodies
Both the FFA and the AOC have spoken publicly in support of freeing Mr al-Araibi who is being held after an Interpol red notice was issued by Bahrain and Thai officials were alerted by Australian Federal Police that the refugee was traveling to Bangkok from Australia.
When asked to comment on whether the AOC would support such a move, president John Coates said his organisation had done it before and would do it again.
"The AOC has in the past successfully supported our member federations with applications by a number of athletes and coaches for distinguished talent visa applications if there is a real prospect of Olympic representation," he said.
In all previous applications the decision was the sole responsibility of Home Affairs Minister Peter Dutton but that decision has now been split with Minister for Citizenship David Coleman.
This process is untested since the ministerial split.
"If FFA was to apply, and advise the AOC there is the prospect of Hakeem gaining Olympic selection, yes, the AOC would support it," Mr Coates said.
The FFA told the ABC it was assessing the application process for fast-tracking Mr al-Araibi's citizenship, which requires partnership with the AOC.
"We have reached out to the offices of ministers Coleman and Dutton this afternoon and are awaiting a call back," a spokesperson said on Friday.
"We will also contact the Foreign Minister's Office over the weekend."
Meanwhile, Mr Coleman's office said it was seeking advice from the Immigration Department when contacted by the ABC on Friday afternoon.
Thai PM working towards a solution
Earlier this week, Thai Prime Minister Prayuth Chan-ocha told local media his Government was working to find a solution.
"Do not jump to conclusions about the verdict and do not politicise this," he said.
"In the meantime, the Foreign Ministry is coordinating with the two countries — both Australia and Bahrain — to find a solution for this issue."
The solution requires Australia to find a way to insert itself into the negotiating process, rather than being a 'third party', according to Mr Saul.
"At the moment Thailand has indicated that they do want Australia and Bahrain to speak together and come to some sort of resolution but without him being an Australian citizen there's not much standing the Government has with Bahrain," he said.
"It would assist Thailand because then they could acknowledge Australia does have a right over this man."
"If the application was made, the Minister could obviously prioritise this.
"This is an urgent situation, this is a man who needs urgent help, the Australian Government including the Prime Minister has said that Australia's doing everything they can to assist this man.
"If we are really doing everything we can the issue of citizenship should be at the very front of the conversation and the whole process could happen very quickly."
Topics: sport, soccer, government-and-politics, world-politics, thailand, australia, bahrain
First posted