Melbourne man, Khamis Gewargis Khamis, who has been fighting against the Islamic State (IS) in Iraq has returned to Australia but has yet to be arrested by police.

The Australian government's new terror laws may sentence Australians who travel to, and fight for or against, the Islamic State to life in prison.

Khamis Gewargis Khamis has escaped punishment for fighting against the Islamic State after returning to Australia. Credit:Courtesy ABC

The Australian Federal Police confirmed they have spoken to Khamis on the evening of March 12 after he returned to Australia.

"Enquiries relating to his activities while overseas are ongoing and as such it is not appropriate to comment further at this time," an AFP spokesman said.