Former ASIO agent can testify publicly on Bondi attack, minister says

Home Affairs Minister Tony Burke has publicly stated that a former ASIO agent, identified as Marcus, can provide testimony to the Bondi royal commission in open hearings. This means the agent will not require a visa to travel to Australia to give evidence.

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Mike Burgess, the director-general of ASIO, has advised and made clear to the royal commission that any evidence that would come from this particular individual is declassified.

This marks the first time Burke has addressed the former agent's intention to testify, after previously denying his visa request. Marcus, who spent years infiltrating Islamic extremist groups in western Sydney as a paid source for ASIO, claims he possesses knowledge about the Bondi gunmen in the years leading up to the terror attack last December. He asserts he warned ASIO about the Akram brothers years before the attack.

Marcus has expressed a desire to testify from within Australia, citing both the sensitivity of his information and the legal protections afforded by being on Australian soil. The royal commission has previously conducted classified hearings to handle sensitive intelligence. Minister Burke confirmed that ASIO's director-general, Mike Burgess, has advised that any evidence Marcus provides is declassified and can be presented in a public forum, including remotely via platforms like Microsoft Teams.

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He's happy for it to be given in a complete public forum. It could be given over the phone on (Microsoft) Teams. It could be given in any way that the individual wants.

Whistleblower advocates continue to support Marcus's case, arguing that Australia is the safest location for him to give evidence. Marcus has previously shared details of his interactions with the Akram brothers with ABC's Four Corners. His earlier visa applications were rejected, with immigration authorities questioning his genuine intent to leave Australia. His current application remains pending, though Burke stated the department is following normal procedures under the Migration Act.

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The department has its normal processes in working out whether or not someone qualifies for a visa under the Migration Act, and there hasn't been interference with that process.