This article explores the case of Hadi Ahmadi, one of the highest profile prosecutions of people smuggling in Australia in recent years, to shed light on the so-called ‘people smugglers’ business model’, which successive Australian Governments have attempted to dismantle. The article examines the facts of Hadi Ahmadi’s offending and the criminal proceedings against him and draws comparison with other migrant smuggling organizer cases.
The article discusses the term ‘people smugglers’ business model’ that has been adopted by recent Australian Governments. The authors argue that the term reinforces the perception that the migrant smuggling phenomenon is a form of organized crime and a heinous activity of transnational criminal syndicates working in an illegal market worth billions of dollars. According to the authors, this is not always a realistic interpretation of the migrant smuggling phenomenon.
The research methodology involved analysis of open-source material. Much of the information presented in the article derives from the transcript of the District Court proceedings and the reported appeal case, Ahmadi vs. The Queen. Other migrant smuggling case reports and secondary sources were also reviewed, including government reports and news reports.
The article presents the personal background of Hadi Ahmadi and the facts surrounding the arrival of the four migrant smuggling vessels in which Hadi Ahmadi was involved. The article examines the criminal proceedings against Hadi Ahmadi, including his initial trial and sentencing in the District Court of Western Australia and his appeal to the Western Australian Supreme Court. Hadi Ahmadi’s case is then compared with more typical migrant smuggling prosecutions in Australia and with several other high profile organizers who have been implicated in facilitating multiple unauthorized boat arrivals.
The authors found that the arguments presented by Hadi Ahmadi and his defence team—that he acted for humanitarian reasons to help his countrymen and women and that financial profit was not his primary motive—are not unique to his case and have been used and explored in a number of recent migrant smuggling trials in Australia.
The article concludes that there are no simple solutions to the migrant smuggling phenomenon that spans continents and involves several thousand people seeking a better life abroad. Consequently, simplistic suggestions to ‘stop the boats’, turn migrant smuggling vessels back to Indonesia and ‘break the people smugglers’ business model’ are unlikely to offer long-term solutions and may actually prove to be counterproductive.
The strength of this article is its unique study of the motivations of Hadi Ahmadi and its analysis of Australia’s laws, which are capable of punishing those who may smuggle migrants for altruistic reasons.
