ISIL Returnees: Coalition Proposes New Laws to Criminalise Assistance

Canberra is considering new laws that would criminalize assisting Australians linked to Islamic State in returning to the country, as the government faces mounting criticism over the planned repatriation of 34 women and children from Syrian camps. The proposed legislation, unveiled by the opposition Coalition on Sunday, February 22, 2026, aims to deter individuals from actively helping those with ties to the terrorist organization return home.

The move comes as a group of 11 family members attempted to leave the Al-Roj camp in northeastern Syria earlier this week, only to be turned back. Passports have reportedly been issued to the 34 individuals, brought to Syria by family and supporters facilitating their return. Home Affairs Minister Tony Burke has confirmed the government will not actively assist with the repatriation process, but has allowed the issuance of passports, stating that authorities did not believe 33 of the individuals met the threshold for denying them.

Opposition spokesperson Jonathon Duniam accused the government of complacency, arguing that it is “not doing enough” to prevent the return of those linked to Islamic State. “This legislation sends a very clear message: anyone who travels to a designated terrorist hotspot, such as Syria, to support a death cult like ISIS does not deserve to come back to Australia,” Senator Duniam said. The Coalition intends to work with the government to pass the new laws, should they be deemed helpful in blocking the return.

The proposed offence would target anyone assisting individuals “linked to terrorist hotspots or terrorist organisations” or those who have committed terror-related offences. However, an exception would be made for cases where the government has granted “express permission” for repatriation. The legislation, approved by the Coalition’s shadow national security committee on Sunday, has not yet been published in full, and it remains unclear whether it would apply retroactively to those already involved in assisting the current cohort.

While the women themselves are not the direct target of the proposed legislation, they could face criminal charges under existing laws upon their return, related to associating with a terrorist group. The government has pledged to pursue the “full force of the law” against those returning from conflict zones.

Minister Burke defended the government’s approach, explaining that the decision to impose a temporary exclusion order on only one member of the group was based on advice from security agencies. He stated that the remaining 33 individuals presented “different histories” and “different states of mind,” suggesting varying levels of risk. He also noted that intelligence agencies have been monitoring the group for an extended period, though direct interviews with the individuals have not been possible since 2022.

The 34 individuals are currently held in the Al-Roj camp in northeastern Syria, which is under the control of Kurdish authorities. Both Syrian and Kurdish authorities have expressed a desire to close the camp, adding further pressure to find a resolution for those remaining. The ABC has published the names of the 11 women who recently attempted to leave the camp, some of whom have previously spoken to the broadcaster about their experiences.

The Coalition’s proposal reflects a broader international concern about the potential security risks posed by returning foreign fighters and their families. The debate underscores the delicate balance between national security concerns and the humanitarian obligations to provide assistance to vulnerable individuals, particularly women and children.