Former ASIO agent makes new bid to return to Australia for Bondi terror inquiry

A former ASIO agent has made a new bid to return to Australia to give evidence to the Bondi royal commission, after his previous visa application was rejected.

The former agent, known as Marcus, has also been contacted by NSW Police about assisting their inquiries into last December's Bondi terror attack.

Marcus has said he wanted to return to Australia to give evidence to the royal commission in person, and the royal commission has previously said it was "eager" to hear from him.

He spent years working undercover for ASIO within Sydney's ISIS networks, and has said he warned ASIO about the Bondi gunmen years before the terror attack took place.

ASIO has previously described him as "unreliable and disgruntled", which Marcus rejects.

Marcus has been living abroad for a number of years, and has significant concerns about his personal security.

His previous visa application was rejected by Australian immigration authorities on the grounds they were "not satisfied the applicant has a genuine intention to stay temporarily in Australia".

He has previously sought assistance from Australia for protection and resettlement.

Marcus has now re-submitted his application.

Police reach out following Four Corners program

Earlier this year, the former agent was contacted by NSW Police about the possibility of speaking with them about their ongoing investigation into December's attack.

In emails seen by the ABC, a police officer reached out to Marcus following his appearance on the ABC's Four Corners program.

"You have recently featured in media publications within Australia which has led us to understand that you are likely to hold information that is relevant to our investigations here," the email reads.

Solicitors for Marcus have told the ABC that his preference would be to assist police in person in Australia, due to security concerns, the sensitivity of the information he intends to provide, and the need for legal protections.

NSW Police reached out to Marcus about speaking with them again last month.

Marcus's bid to return to Australia has previously attracted support from a number of federal political MPs, while the opposition has said the government should find a way to facilitate his evidence.

The office of Home Affairs Minister Tony Burke declined to comment.

Legal concerns about giving evidence abroad

Marcus's solicitors have previously told the ABC that his evidence would need to be given in an appropriately secure environment, either within Australia or at an embassy abroad.

Marcus is currently living abroad, and his solicitors have said he would not be able to get to an Australian embassy.

Witnesses to royal commissions are afforded a range of legal protections, including around the use of information provided to royal commissions in future criminal or civil proceedings.

Prominent lawyer Geoffrey Watson SC said for Marcus, giving evidence while abroad could expose him to legal risk.

"Depending upon where Marcus is, it could well be a breach of local laws, in which event he is exposing himself up to a real risk," he said.

"In respect of obtaining the ordinary protection which would apply to a witness before a royal commission who gave their evidence in Australia, it's an open question as to whether or not those sorts of privileges would apply to a person who's on foreign soil when they are giving the evidence, the answers to the questions.

"You could look at it as though, perhaps, by giving that evidence they are subject to Australian law, in which event the legal protections apply.

"But if the Australian law doesn't apply in the place where Marcus is giving the evidence, then he could be at risk. It's a difficult question."

Greens senator David Shoebridge said the simplest solution to the legal issues arising from giving evidence abroad is to allow Marcus to do so onshore.

"The basic rule is that Australian laws only apply in Australia and the Royal Commission Act is no exception," he said.

"The protections witnesses have under the Royal Commission Act, from injury, fraud and self-incrimination, don't work overseas. This places Marcus in a very vulnerable position.

"Even where the Act contemplates evidence given in a third country, it's all designed for a pre-internet world, and doesn't apply to evidence given by Zoom or Teams."