Overview

Abdul Nacer Benbrika is an Algerian-born extremist cleric who became Australia’s first convicted terrorist cell leader for leading two cells plotting large-scale terror attacks in the country.Alison Caldwell, “Two terrorist cells worked together to plot attacks,” Australian Broadcasting Corporation, September 19, 2011, https://www.abc.net.au/news/2011-09-20/benbrika-suppression-lifted/2907796; Mex Cooper, “Benbrika jailed for 15 years,” Sydney Morning Herald, February 3, 2009, https://www.smh.com.au/national/benbrika-jailed-for-15-years-20090203-7w7y.html. He was serving a 15-year prison sentence in Australia but became eligible for parole in November 2020. That month, Benbrika became the first Australian citizen to lose his citizenship while still residing in the country.“Abdul Nacer Benbrika: Australia revokes citizenship of terror plotter,” BBC News, November 25, 2020, https://www.bbc.com/news/world-australia-55069037. Benbrika remains in prison as Australian authorities have legally extended his incarceration by at least three years based on the dangerous nature of his crimes.“Terror cell leader Abdul Nacer Benbrika loses legal challenge to his detention,” Australian Broadcasting Corporation, November 8, 2021, https://www.abc.net.au/news/2021-11-09/terror-cell-leader-abdul-benbrika-loses-detention-challenge/100605070.

Benbrika arrived in Australia from Algeria on a one-month tourist visa in May 1989. He extended that visa twice. After six months, Benbrika’s visa expired.Keith Moor, “MCG bomb plot terror chief Abdul Nacer Benbrika faces deportation under citizenship changes,” Herald Sun (Melbourne), February 17, 2015, https://www.heraldsun.com.au/news/law-order/mcg-bomb-plot-terror-chief-abdul-nacer-benbrika-faces-deportation-under-citizenship-changes/news-story/07dd306d74db73fe66b42a0429a1fdf2. Australian law maintains different classifications for illegal immigrants. Between 1989 and 1994, Benbrika was progressively classified as a prohibited non-citizen, an illegal immigrant, and an unlawful non-citizen.Keith Moor, “MCG bomb plot terror chief Abdul Nacer Benbrika faces deportation under citizenship changes,” Herald Sun (Melbourne), February 17, 2015, https://www.heraldsun.com.au/news/law-order/mcg-bomb-plot-terror-chief-abdul-nacer-benbrika-faces-deportation-under-citizenship-changes/news-story/07dd306d74db73fe66b42a0429a1fdf2. He spent the next six years in a legal fight for immigration status while claiming a “love of the Australian lifestyle.”Ian Munro and Barney Zwartz, “Arrested: a man apart who fought to stay in Australia,” Sydney Morning Herald, November 9, 2005, https://www.smh.com.au/national/arrested-a-man-apart-who-fought-to-stay-in-australia-20051109-gdmeos.html. Australian authorities ordered him to leave the country in 1990, 1994, and 1995, but Benbrika continued to fight for citizenship.Keith Moor, “MCG bomb plot terror chief Abdul Nacer Benbrika faces deportation under citizenship changes,” Herald Sun (Melbourne), February 17, 2015, https://www.heraldsun.com.au/news/law-order/mcg-bomb-plot-terror-chief-abdul-nacer-benbrika-faces-deportation-under-citizenship-changes/news-story/07dd306d74db73fe66b42a0429a1fdf2. In 1992, he married a Lebanese-Australian woman and sought to gain citizenship through marriage. But the Australian law under which he applied required the relationship to have existed in 1990 when the law was drafted. After appealing on the ministerial level, Benbrika gained a permanent visa in 1995.Keith Moor, “MCG bomb plot terror chief Abdul Nacer Benbrika faces deportation under citizenship changes,” Herald Sun (Melbourne), February 17, 2015, https://www.heraldsun.com.au/news/law-order/mcg-bomb-plot-terror-chief-abdul-nacer-benbrika-faces-deportation-under-citizenship-changes/news-story/07dd306d74db73fe66b42a0429a1fdf2.

Benbrika earned a reputation in Australia’s Islamic community for extreme positions. Benbrika originally began following hardline Australian cleric Mohammed Omran but formed his own group of followers after allegedly deciding Omran was too liberal. Others in Australia’s Muslim community called Benbrika a radical outlier and likened him to a cult leader.Ian Munro and Barney Zwartz, “Arrested: a man apart who fought to stay in Australia,” Sydney Morning Herald, November 9, 2005, https://www.smh.com.au/national/arrested-a-man-apart-who-fought-to-stay-in-australia-20051109-gdmeos.html.

In 2004, Australian police began a 17-month terror investigation called Operation Pendennis after receiving a tip from within the country’s Muslim community.Alison Caldwell, “Two terrorist cells worked together to plot attacks,” Australian Broadcasting Corporation, September 19, 2011, https://www.abc.net.au/news/2011-09-20/benbrika-suppression-lifted/2907796. The investigation focused on two connected cells in Melbourne and Sydney, both led by Benbrika. Benbrika and his followers discussed plans for a large-scale terror attack in Australia similar to the 2004 train bombings in Madrid, Spain. Prosecutors during Benbrika’s trial revealed that Benbrika told one of his followers, Abdullah Merhi, not just to kill a few people but to “do a big thing.”Mex Cooper, “Benbrika jailed for 15 years,” Sydney Morning Herald, February 3, 2009, https://www.smh.com.au/national/benbrika-jailed-for-15-years-20090203-7w7y.html. The cells planned to attack a grand final soccer match in Melbourne, but the attack did not materialize.“Australia’s biggest terror trial ends, 7 found guilty,” Reuters, September 16, 2008, https://www.reuters.com/article/worldNews/idUSSYD34545220080916. Benbrika and several of his followers in Melbourne and Sydney were arrested in November 2005.Alison Caldwell, “Two terrorist cells worked together to plot attacks,” Australian Broadcasting Corporation, September 19, 2011, https://www.abc.net.au/news/2011-09-20/benbrika-suppression-lifted/2907796. Other notable members of the cell included Khaled Sharrouf, who later became a foreign fighter and died in the Syrian civil war.Candace Sutton, “PICTURED: The brown-eyed teenager who went on to marry Australia’s most notorious terrorist… as she insists husband Khaled Sharrouf WAS killed with fellow extremist Mohamed Elomar,” Daily Mail (London), last updated March 24, 2016, https://www.dailymail.co.uk/news/article-3152968/The-brown-eyed-teenager-wife-Australia-s-notorious-ISIS-terrorist-Khaled-Sharrouf-insists-killed-fellow-extremist-Mohamed-Elomar.html. In August 2005, three months before his arrest, Benbrika gave an interview to the Australian Broadcasting Corporation denying involvement in any extremist activities. He claimed he was trying only to keep Muslims connected with their religion. In the same interview, Benbrika also praised Osama bin Laden as a “great man” and claimed anyone who dies for the sake of Allah would have all his sins forgiven.Alison Caldwell, “Two terrorist cells worked together to plot attacks,” Australian Broadcasting Corporation, September 19, 2011, https://www.abc.net.au/news/2011-09-20/benbrika-suppression-lifted/2907796; Dan Oakes, “Terrorist prisoner Abdul Nacer Benbrika could be kept in detention after sentence expires,” Australian Broadcasting Corporation, July 27, 2020, https://www.abc.net.au/news/2020-07-28/terrorist-prisoner-benbrika-could-be-kept-in-detention/12474720.

On September 16, 2008, Benbrika was convicted of directing and being a member of an unidentified terrorist group and knowingly possessing a compact disc connected to a terrorist attack.Tim Johnston, “6 found guilty of plotting attacks in Australia,” New York Times, September 15, 2008, https://www.nytimes.com/2008/09/15/world/asia/15iht-terror.1.16157999.html. The court also found that Benbrika justified the destruction of buildings and killing innocent people as a way to pressure Australia to withdraw from Iraq and break its alliance with the United States.Mex Cooper, “Benbrika jailed for 15 years,” Sydney Morning Herald, February 3, 2009, https://www.smh.com.au/national/benbrika-jailed-for-15-years-20090203-7w7y.html. Benbrika was sentenced to 15 years in prison in February 2009 with a minimum of 12 years before he could become eligible for parole. Six of Benbrika’s followers were also given minimum sentences of four to seven years in prison.Mex Cooper, “Benbrika jailed for 15 years,” Sydney Morning Herald, February 3, 2009, https://www.smh.com.au/national/benbrika-jailed-for-15-years-20090203-7w7y.html. In all, 12 of Benbrika’s followers were also convicted of terrorism charges, while another four pled guilty to lesser charges.Dan Oakes, “Terrorist prisoner Abdul Nacer Benbrika could be kept in detention after sentence expires,” Australian Broadcasting Corporation, July 27, 2020, https://www.abc.net.au/news/2020-07-28/terrorist-prisoner-benbrika-could-be-kept-in-detention/12474720.

On November 25, 2020, the Australian government revoked Benbrika’s citizenship. He is the first Australian citizen to lose his citizenship while still residing in the country. Australian law allows the revocation of one’s citizenship if that person is not left stateless. Australian authorities pointed to Benbrika’s Algerian citizenship to allow for the cancellation.“Abdul Nacer Benbrika: Australia revokes citizenship of terror plotter,” BBC News, November 25, 2020, https://www.bbc.com/news/world-australia-55069037. Because of time served prior to his conviction, Benbrika became eligible for parole after November 2020.Dan Oakes, “Terrorist prisoner Abdul Nacer Benbrika could be kept in detention after sentence expires,” Australian Broadcasting Corporation, July 27, 2020, https://www.abc.net.au/news/2020-07-28/terrorist-prisoner-benbrika-could-be-kept-in-detention/12474720. Home Affairs Minister Peter Dutton filed for a continuing detention order, which would allow Australia to keep Benbrika imprisoned for an additional three years. Authorities are also investigating the possibility of keeping Benbrika in permanent immigration detention if Algeria is not willing to take custody of him. The case was elevated to Australia’s supreme court.Elizabeth Byrne, “High Court to consider extended detention of terrorist Abdul Nacer Benbrika after his sentence,” Australian Broadcasting Corporation, December 10, 2020, https://www.abc.net.au/news/2020-12-10/high-court-to-consider-indefinite-detention-of-abdul-benbrika/12967414.

Benbrika’s non-parole prison term ended on November 5, 2020. The Victorian Supreme Court issued an interim detention order that kept him incarcerated for an additional three years. According to the court, Benbrika remained at high risk of reoffending.“Terrorist will stay in Australian jail despite sentence ending,” 9 News, December 24, 2020, https://www.9news.com.au/national/terrorist-abdul-nacer-benbrika-ordered-to-remain-in-jail-despite-sentence-ending/a7ff4bda-e0e2-41c2-b0e0-58782b9a8480. Benbrika launched two legal appeals, charging that the law extending his detention was unconstitutional and that the Victorian Supreme Court judge who had exercised it had made a legal error. His attorneys argued the federal government did not have the authority to impose the order for his continued detention. Benbrika lost his first appeal against the constitutionality of the law in February 2021. According to the court’s ruling, the law allowing Benbrika’s continued detention “is appropriately tailored to protecting the community from the singular threat posed by terrorist criminal activity.”“Australian court extends detention of Algerian-born Benbrika,” Al Jazeera, February 10, 2021, https://www.aljazeera.com/news/2021/2/10/australian-courts-extends-detention-of-muslim-preacher; Minister for Home Affairs v Benbrika [2021] HCA 4, High Court of Australia, February 10, 2021, https://eresources.hcourt.gov.au/downloadPdf/2021/HCA/4. In November 2021, Victoria’s Court of Appeal ruled no legal error had been made in the order for Benbrika’s continued detention and he could remain in prison.“Terror cell leader Abdul Nacer Benbrika loses legal challenge to his detention,” Australian Broadcasting Corporation, November 8, 2021, https://www.abc.net.au/news/2021-11-09/terror-cell-leader-abdul-benbrika-loses-detention-challenge/100605070.