An Afghan interpreter who fears for his life after working with Australian soldiers has launched a legal fight against the decision to deny him a resettlement visa.

Key points: Hussan worked with Australian soldiers in Kandahar

Hussan worked with Australian soldiers in Kandahar He failed a US security screening and has not been granted a resettlement visa

He failed a US security screening and has not been granted a resettlement visa A former Australian soldier is fighting to bring him to safety

When troops pulled out of Afghanistan, interpreters were allowed to apply for refuge in Australia — an acknowledgement of their vital role, and also of the heightened danger they face from insurgent groups.

Since 2012 more than 900 Afghan nationals who supported the Australian Defence Force have been granted resettlement visas.

Hussan* is not one of them.

For the past five years, he has been living in a precarious situation.

"This is really, really dangerous and [a] really, really hard life for me and my whole family," he said.

"I'm living in my house just like a prisoner."

In 2013 Hussan failed a routine counter-intelligence screening run by a US intelligence agency.

He has now lodged a case against the Department of Home Affairs in the Federal Court, hoping to overturn that decision.

Sydney-based solicitor Christian Hearn is assisting the former interpreter pro bono.

"This man put his life on the line to protect our troops," Mr Hearn said.

"It is only fair he should have access to our legal system to test the correctness of a decision to no grant him protection."

'A flaw in the process'

Australian Army veteran Jason Scanes, who worked side-by-side with Hussan in Kandahar, says the failed intelligence test was due to a simple misunderstanding.

"He was asked if he had committed any acts of terrorism or violence against coalition forces," Captain Scanes said."

"His response to that was 'no not yet'. They asked what do you mean by that, and he said, 'no I don't do that, I work for the coalition'."

Jason Scanes has spent the past five years fighting for the rights of interpreters. ( ABC RN: Fiona Pepper )

Captain Scanes, now retired, says it can be explained by the fact that Hussan is self-taught in English.

"I really think that this is not a flaw in the character of my interpreter, it's a flaw in the process," he said.

"We still want to maintain that safety and security for all Australians but we want to make sure that those that have assisted us have a fair opportunity to make it to safety here on our shores."

In a statement to ABC RN, a spokesperson for the Minister for Home Affairs said Hussan's case "was recently reviewed at Mr Scanes' request".

"Among checks of health and character, the Australian Government also carries out rigorous security screening prior to granting a visa to enter the country," the spokesperson said.

"As part of the screening, Australia works closely with our international partners, including our Five Eyes intelligence partners, in undertaking these checks.

"National security and the protection of Australians is the Government's number one priority.

"The latest review of this case found no new information that would lead to the issuance of a visa."

'His life is in danger'

Should Hussan's legal challenge fail, Captain Scanes will keep fighting.

Though he jokes that he's a "redneck from Dubbo", the burly man has become a human rights activist, and has spent years trying to get his former interpreter to safety in Australia.

Earlier this year he camped outside Immigration Minister Peter Dutton's office to advocate for Hussan's rights, and has set up a charity called Forsaken Fighters, which aims to raise awareness about the role of interpreters.

"There really is an opportunity for us to make sure that we show humanity and we show compassion to our fellow man," Captain Scanes says.

"We need action, we need this guy to be brought here and an assessment made and get him here to safety. His life is in danger.

"The application's now been in the works for a couple of years — we need to get our bloody shit together, Australia."

Captain Scanes, who was deployed to Afghanistan in 2012, says the work of interpreters cannot be underestimated.

"You can't do your job without them, it's like trying to undo a bolt without a spanner," he said.

"Essentially, when you arrive in Afghanistan, you're issued an interpreter like you're issued a pistol. You form a very close relationship and bond with them.

"They were our mates, they wore the Australian uniform with us every day in Afghanistan."

He says the Afghan interpreters risked both their own safety and that of their families by working for coalition forces.

"If they're found to be assisting coalition forces, the action taken against them by insurgent groups or the Taliban is very, very severe and quite barbaric," Captain Scanes said.

In late 2016 he received a video from Hussan that really "kicked him into gear".

The video shows Hussan lying in a hospital bed with a badly broken leg. Hussan claims he was deliberately struck by a car driven by a member of the Taliban.

"That really made me sit back and understand the realities of what they face over there," Captain Scanes said.

Asked if he would have worked as an interpreter knowing what it would lead to, Hussan responded: "No, I did not know about this. If I knew about this, I would not help."

*The interpreter's name has been changed to protect his identity.