Fuld poses no threat

A dangerous assault on freedom of expression

'This appears to reveal not only a profound moral inversion, but also dangerous double standards'

Arsen Ostrovsky.
Arsen Ostrovsky.

In a deeply disturbing move, the Australian government has revoked the visa of Israeli-American activist and tech entrepreneur Hillel Fuld, barring him from entering the country.

Fuld was scheduled to speak next week at an event hosted by Magen David Adom, to raise support for Israel’s leading first responder emergency organisation, which provides lifesaving medical assistance to all Israelis, Jews and Arabs alike.

However, in a decision that seems problematic in term of both logic and policy, Tony Burke, the Minister for Home Affairs and Immigration deemed that Fuld’s presence was a threat to “the health, safety or good order” of Australians.

The decision, made pursuant to Section 128 of the Migration Act allowing the Minister to cancel a visa while the holder is overseas if they believe they would fail to meet certain criteria, appears to amount to a surrender to anti-Israel extremism. What’s more, it’s arguably a dangerous assault on freedom of expression, a betrayal of democratic principles, and a slap in the face to both Australia’s Jewish community, and two of our closest allies, Israel and the United States (Fuld is an Israeli-American dual national).

Let’s be clear: Although Fuld’s activism may push boundaries, and use language that may be unsavoury to some, he is no hate preacher or security threat. To suggest otherwise is not only manifestly absurd, but trivilalises Section 128 of the Migration Act, which is intended for genuine security risks, not outspoken Jewish advocates.

Last year, the Albanese government also denied entry to former Israeli Justice Minister Ayelet Shaked, for similar reasons.

Yet the government had no qualms allowing entry to Francesca Albanese, the UN Special Rapporteur who has repeatedly engaged in antisemitic tropes, Holocaust distortion, and justification of violence against Israelis—someone far more likely to “incite discord” and “vilify a segment of the Australian community.” In fact, this is exactly what she did, from the podium of the National Press Club in Canberra.

So Francesca Albanese, who has been condemned for her virulent antisemitism by the governments of the United States, Germany, France and other Western nations, is deemed a suitable voice for Australian audiences, while Fuld, who has been an outspoken advocate of Israel in the wake of the October 7 massacre, the largest mass slaughter of Jews since the Holocaust, is cast as a threat. This appears to reveal not only a profound moral inversion, but also dangerous double standards.

Further, based on the Minister’s reasoning for the cancellation of Fuld’s visa, it is difficult to conceive how any of his statements or on-line posts might contravene either State or Federal criminal law, or could otherwise not be lawfully said by any Australian citizen.

Thus, many in the Australian Jewish community and beyond will view this as a purely political decision, acquiescing to an orchestrated campaign by radical anti-Israel groups to cancel Fuld, in the wake of an unabated and unprecedented explosion of antisemitism in Australia. It also risks sending an alarming message to Jewish Australians: that their grief, their trauma, and their right to speak freely can be brushed aside for the sake of political expediency.

Equally alarmingly, it also raises the question, are mere differences in political opinion now acceptable grounds for restricting entry of foreign nationals into Australia? If so, what kind of message does this send to those wishing to travel to Australia, whether on holiday, for business purposes or to visit family. Will they second-guess their decision? Will other countries institute counter-bans on Australians?

It should be noteworthy, that Fuld is also an American national. What if President Trump now decides in response that Australians will be subject to arbitrary visa restrictions to the United States, if they are deemed to have made statements critical of the US government policies?

Thus, this isn’t just about Hillel Fuld. It’s about whether Australia will remain a nation that defends free speech, open debate and moral courage – or one where mob intimidation sets policy. If a pro-Israel speaker can be barred today because his words are claimed to make some uncomfortable, who will be silenced tomorrow? A Holocaust survivor? A parent of a hostage? A doctor treating terror victims, seeking to share their experience and know-how with Australian counterparts?

The Albanese government—and Minister Burke in particular—should urgently reverse this unacceptable decision. Hillel Fuld poses no threat to Australia, it’s safety or good order. Claiming he does, betrays not only the Jewish community, but Australia’s own liberal democratic moral compass and commitment to free speech.

Arsen Ostrovsky is an Australian-Israeli human rights lawyer and CEO of The International Legal Forum, an NGO and global coalition of lawyers, combating terror and antisemitism.

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