Tony Burke breaks silence on ex-ASIO agent's Bondi royal commission testimony

A former ASIO agent who wants to give evidence to the Bondi royal commission can do so in open hearings, the Home Affairs minister says, meaning he does not need a visa to travel to Australia.

It is the first time Tony Burke has publicly addressed the man’s intent to testify after previously denying his Australian visa request.

The former agent, known as Marcus, wants to give evidence about what he knew of the Bondi gunmen in the years before last December’s terror attack.

He spent years infiltrating Islamic extremist groups in western Sydney, working as a paid source for domestic spy agency ASIO before his cover was blown.

Marcus has repeatedly made a case to give evidence from within Australia, due both to the sensitivity of his evidence and the legal protections he gains from being on Australian soil.

The royal commission has previously held classified hearings to ensure it can take evidence on sensitive intelligence information.

Mr Burke told reporters this morning he had been advised any evidence Marcus gives can be heard in public and heard remotely.

“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,” he said.

“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.”

The royal commission has previously reached out to Marcus, it stated it is “eager” to hear his evidence and work out the best means for that to take place.

He is currently living abroad and cannot reach an Australian embassy.

Separately, NSW Police has also reached out to the former agent seeking assistance with its own investigations into last December’s shooting.

Marcus has expressed fears for his personal safety while living overseas. He has sought protection and resettlement in Australia in the past.

His first visa application was rejected on the grounds that immigration authorities did not believe he had a genuine intention to leave the country, and his second application remains pending.

Mr Burke said the applications have followed all the normal channels.

“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,” he said.

“The department looks at the Migration Act, looks at the application, and makes their own decision.”

Advocates maintain call for visa

Whistleblower advocates have continued to back Marcus’ cause, arguing the safest place for the former agent to give evidence is on Australian soil.

Marcus has previously told the ABC’s Four Corners about his interactions with the Bondi gunmen, Sajid and Naveed Akram.

He claims he warned ASIO about the Akrams years before the attack.

ASIO has described the former agent as disgruntled and unreliable, but Marcus has rejected the characterisations.

Gabriel Shipton, from the whistleblower advocacy group the Information Rights Project, said he is in danger abroad.

“The protections offered by the royal commission do not extend outside Australia,” he said.

“Marcus continues to risk his safety and the safety of his family. He is willing to give evidence and again the government is not acknowledging the threats he is under from the associates of the Akrams.”

The group has provided support to the former agent as he lives overseas.

Mr Shipton said he should be allowed to give his evidence within Australia.

“The government has left it up to Information Rights to keep one of its ex-employees safe after years of undercover service, and again the minister has shown they are not serious about hearing evidence that contradicts the facts given by the institution in his own ministry.”