Labor’s ISIS headache deepens as Home Affairs Minister Tony Burke reveals limits of temporary exclusion powers

Home Affairs Minister Tony Burke has conceded it would be difficult to ban suspected ISIS fighters from Australia, saying the legal threshold was “really tough” to meet.

It comes as 13 Australian men held in Iraqi prisons, suspected of fighting for Islamic State, have had their cases reviewed and may be released.

Asked earlier whether he would use temporary exclusion orders to ban the men from returning to Australia, Mr Burke said the legal requirements would make it challenging.

“It’s a really tough threshold to meet legally,” Mr Burke told Channel Seven’s Sunrise on Monday.

“Certainly, I’ve only had one time when the department said that the threshold was met, and I was able to put an exclusion order in. I did that straight away.”

Mr Burke said while the government would not assist the men to return, their status as citizens would limit the government’s ability to prevent them from coming home.

“If someone’s a citizen, eventually they can come back, but at the moment, every single one of these people is locked up, and I’ve got no problem with that,” he said.

“There are times when people are locked up around the world, and the Australian government takes steps to try to get them returned home – not with this.”

The possible return of the men comes after six ISIS brides returned on May 26 as well as another four who returned on May 7.

Several of the women have been charged with crimes against humanity and terror-related offences.

There remains one ISIS bride in Syria who was previously subjected to a temporary exclusion order, which has since been revoked.

Mr Burke said the government was “aware of her location” but did not confirm if she intended to return to Australia.

“She may well (intend to return), having seen some people who returned be arrested on arrival at the airport,” Mr Burke said.

“She’d be weighing up the different things that she’s done, and would be making a decision as to whether or not she in fact ever returns.”

Since the Albanese government came to power in 2022, at least 16 ISIS brides have returned to Australia having spent years in territory controlled by Islamic State.

The controversy follows months of escalating scrutiny over the government’s handling of the ISIS brides and children held in camps in northern Syria.

In September 2025, Prime Minister Anthony Albanese rejected claims his government was facilitating the return of ISIS brides, insisting there was “no assistance”.

Mr Albanese denied that he misled parliament at the time, after he declared that reports of imminent returns were “wrong”.

However, NSW Police later confirmed that they had been briefed on preparations of the returns.

Questions intensified in February 2026 after reports emerged that ISIS brides had been issued Australian passports.

Further controversy followed in March 2026 when the government refused a Freedom of Information request by SkyNews.com.au seeking details about passport checks.

The Department of Foreign Affairs and Trade acknowledged relevant documents existed but denied access, arguing disclosure was not in the public interest.