Loophole allows IS fighters home without charge

A masked Islamic State supporter waves an ISIS flag in Raqqa. Photo: Reuters.

A number of Australians who fought with Islamic State extremists in Syria have been allowed to return home without prosecution because of a legal loophole.

The men were allowed back onto Australian soil and into the community because they fought in so-called ‘no go zones’ before travel was banned.

The Senate passed the controversial foreign fighters bill in October, designed to stop Australians taking part in overseas conflicts.


It is believed more than 20 of these fighters have returned to Australia and cannot be jailed because the laws are not retrospective.

Foreign Minister Julie Bishop has acknowledged the loophole, but told Sunrise this morning the she hoped the new laws will be enough to keep the community safe.

“New situations occur all the time,” she said.

“I hadn’t expected there would be young Australians who would leave the country, radicalise so quickly… that they’re not on any surveillance list or watch list, that they are not people of interest to our security or intelligence agencies.

“That’s why we changed the law… there were situations that the law didn’t cover and that’s why we acted as quickly as we could.”

Ms Bishop said national security agencies are closely monitoring the returned fighters.

“This is where it gets a little difficult, but most certainly anyone returning from Syria and Iraq who have been fighting with or supporting or promoting ISIL will be a person if interest for our security law enforcement agencies,” she said.

Morning news break – January 2