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Australia's first convicted terror leader Abdul Nacer Benbrika won't be released from jail despite having completed his sentence last year.
He was jailed for 15 years in 2009 for encouraging a bomb plot targeting the Melbourne Cricket Ground and completed his full sentence last year.
But because of ongoing concerns about ideology and support for terrorist organisations, Victorian Supreme Court Justice Andrew Tinney ordered that he remain behind bars until November 2023.
On Tuesday that decision was upheld by Victoria's Court of Appeal, with three judges unanimously rejecting his bid for freedom.
Lawyers backing his continued detention had told the appeal justices that even a small risk Benbrika would offend again was an unacceptable risk to the community.
Earlier this year Benbrika took his challenge to the High Court, arguing the Supreme Court didn't have the power to make the order to lock him up beyond his original sentence.
But that case was knocked back.
Benbrika's lawyer Dan Star QC said the decision to continue holding him behind bars was made partly based on "inherently unreliable" notes taken from a deradicalisation program Benbrika had participated in behind bars.
Andrew Berger, representing Home Affairs Minister Karen Andrews, said the minister's position was the records not only showed a failure by Benbrika to renounce his extremist beliefs but that his support for the ideology that led to his offending was continuing.
Benbrika, who is now in his 60s, came to Australia from Algeria when he was 29. He began hosting Islamic theology classes from about 2002, including for others convicted alongside him.
The self-proclaimed Islamic cleric has expressed past admiration for Osama Bin Laden and was leading a group in a plot to kill "non-believers" in an effort to convince the Australian government to withdraw troops from Iraq.
The appeal judges noted Benbrika had not harmed anybody and nothing he had done had led to any risk of a person being harmed, prompting questions about why he is now considered an unacceptable risk to the community.
Mr Berger said Benbrika had encouraged a group of young men to commit very serious offences and the fact they hadn't succeeded before they were arrested was beside the point.