Brothers aged 16 and 17 were intercepted after allegedly attempting to travel to conflict zones in the Middle East, but were released without charge after arrest

This article is more than 5 years old

This article is more than 5 years old

The immigration minister Peter Dutton wrongly claimed two teenagers stopped at Sydney airport are set to face court, despite no charges being brought against either of the men.



On Sunday the minister issued a media release and held a press conference to discuss the two boys, aged 16 and 17, who were stopped at Sydney airport.

The minister claimed the men were suspected of travelling to join fighters in the Middle East, and were travelling without the knowledge of their parents.

Dutton’s media release, issued on Sunday, said: “The brothers were later allowed to leave the airport with their parents and were issued court attendance notices. Authorities continue investigating the circumstances surrounding the incident.”

Later at a press conference the minister added: “I offer full praise, in particular to the officers that made first contact and had the wherewithal to investigate further and refer onto the counterterror unit these two individuals.”

“Matters are obviously continuing and are under investigation by the Australian federal police and agencies otherwise and there will be allegations in court at the relevant time.”

A court attendance notice is generally issued when a person has been charged with a criminal offence, and will order them to appear before court for a hearing.

But a spokeswoman for the Australian federal police clarified to Guardian Australia that court attendance notices have not been issued, and that no charges have been laid against either man.

The AFP said in a statement: “The joint counterterrorism team Sydney received a referral from Australian Customs and Border Protection Service in relation to this matter on Friday 6 March.

“Two juveniles were arrested under suspicion of attempting to prepare for incursions into foreign countries for the purpose of engaging in hostile activities pursuant to Section 119.4 Criminal Code 1995.

“They were subsequently unarrested and released into their parents’ custody on Friday evening.”

The incorrect information about the requirement to attend court has been widely reported by news outlets around the country.

It is not clear how the error occurred and whether the minister’s office was provided the information by the AFP. The AFP said the error was a matter for the department of immigration and border protection.

Guardian Australia asked the immigration minister’s office how the error occurred and whether he would issue a correction, but his office has not responded to questions.

Errors in briefings to ministers have occurred in the past. The Australian federal police opened an investigation in December into why the prime minister was briefed that the gunman involved in the Sydney siege of a cafe had a gun licence when New South Wales police had no record of it.