American Lawyer Assists Australian Asylum Seekers

Michael “Dan” Mori is a former Marine Corp attorney who gained fame defending Guantanamo Bay detainee David Hicks, an Australian national captured by the Americans in Afghanistan.  With Mr. Mori’s help, Mr. Hicks accepted a favorable Alfred plea (basically meaning that he did not admit guilt, but agreed that there was enough evidence to convict him). He was sentenced to seven years in prison for supporting terrorists, a charge that he denies. All but nine months of the sentence were suspended. Mr. Hicks served most of his nine months in Australia and was released. The plea came after five years at Gitmo, under less than pleasant circumstances. The case gained quite a bit of attention, as it was the first conviction by a U.S. war crimes tribunal since World War II.

After the Hick’s case, Mr. Mori’s career in the Marines apparently stalled. He alleged (in a lawsuit) that the military retaliated against him for his work on Mr. Hick’s case. He eventually was promoted, but retired soon thereafter and moved to Australia. There, he started work at the plaintiff law firm Shine as a Social Justice Consultant.

It seems that Mr. Mori’s latest project is to help asylum seekers detained by the Australian government on the island of Nauru.

Come on, Mori, admit it - You took the Nauru gig for the beaches!
Come on, Mori, admit it – You took the Nauru gig for the beaches!

Nauru is a small island republic in a remote part of the Pacific Ocean. The country became wealthy in the 1960s and 70s by exploiting mineral resources, but when those ran out, the economy went bust. In 2001, Nauru entered into an agreement with Australia to house refugees seeking admission to Australia. In exchange, Australia provides Nauru with financial assistance and technical aid.

The refugee detention center on Nauru has been controversial, and it has closed and re-opened several times. The latest incarnation of the detention center  opened last year in August and holds about 400 men. After a visit to Nauru, Amnesty International described the camp as “a human rights catastrophe … a toxic mix of uncertainty, unlawful detention and inhumane conditions.”  

In September 2012, there was an alleged riot at the camp and property was destroyed. The government charged 10 detainees with rioting and destruction of property. The case of the “Nauru 10” is currently pending, and this is where Mr. Mori comes into the picture.

Mr. Mori and other defense lawyers filed a habeas corpus petition in Nauru, claiming that the detainees are being unlawfully held. The defense team convinced a Nauru court to adjourn the criminal charges until the habeas issue is resolved, and that issue remains pending.

“Whether or not you agree with the process… you have to agree that people being detained should have access to legal help,” said Mr. Mori, who compared the situation in Nauru with Guantanamo Bay. “You have to push the politics aside and remember, if someone’s detained they need access to the law.”

There is a lot at stake for Nauru, which has become dependent on the Australian aid, and for the asylum seekers, whose fate rests in the hands of the Nauru court system. I hope that Mr. Mori and the other lawyers can bring a measure of justice to this obscure corner of the globe.

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5 comments

  1. Dear Miss/Madam.

    I want to inquire on the status of Refugees Syrian nationality , and I hope you kindly to help me answer the following questions:

    1-Is it possible to get humanitarian asylum in usa. If I arrived to usa by a tourist visa?

    2-Can I get American citizenship if I got acceptance refugee status in USA, and how many years the crisis i need on this status to get the nationality ?

    If it’s available can you to take over this case to me?

    Kindly accept my highly appreciate.

    Shadi.

    Reply
  2. I am syed ali hassan shah jaffery.I belongs to gujrat pakistan.I am law graduate and member of high court bar lahore.I am a shia muslim and
    I am a well known member of shia union in gujrat and work alot for shia muslim in gujrat.according to shia sect there is a concept of Mutaa
    according to which one can marry a any women for specific period.but all the other sect declare this to be unislamic and deemed that the
    person who made mutta commits zina so that he became nonmuslim and liable to be murder.I made mutta with a christan lady almost five month ago.
    After that i married with that lady because i love her alot irrespect of the fact that he is not muslim.WHen i made marriage
    with her I recived many calls and letter from different persons who threaten me to leave pakistan otherwise they will kill me because i have done
    an act which was unislamic and after making marriage with non muslim girl you have become non muslim and restigrated from islam and liable to murder
    After that I was attacked by unknown person who opened firring with an intention to kill me .After that occurance i have also recived threating calls
    and letters from unknown union .Due to fear i left gujrat and came to daubi on visit visa.which was going to be expired after a month.i want to ask
    that whether i can file protection visa of any country if so whether you can help me,I am in great trouble. my wife and my life is in danger.
    please help us. thanks

    Reply
  3. Let’s stop pretending that persons seeking asylum from persecution, violence and discrimination are breaking the law – they are not.
    Indefinitely detaining such people in desperate and inhumane conditions IS breaking the law – international laws and conventions that prohibit such treatment.
    Brave persons like Dan Mori are valiant defenders of justice.

    Reply
  4. One nitpicky point of correction to the first paragraph – it is an “Alford Plea”.

    Reply
    • Oops – Maybe I was thinking of Bruce Wayne’s butler…

      Reply

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