07 December 2015•Update: 07 December 2015
MELBOURNE
A 23-year-old Australian who returned home Monday after fighting with a Kurdish terrorist group against Daesh is today a free man despite legislation that makes it an offense for Australian citizens to participate in the conflict in Iraq and Syria.
But for how long remains to be seen -- if found guilty of foreign fighter charges, Queensland man Ashley Dyball, who had been in Syria since May, could get 25 years in prison.
Dyball -- who Britain's Daily Mail claims is also known as Michael Scott -- was deported as a terrorist from Germany on Saturday night, after being detained last week while taking a break from the military campaign.
Dyball has been reported to have been fighting for YPG subsidiary Lions of Rojava, which advertises on Facebook for foreigners to travel to Syria and join the battle against Daesh. It is named after areas of northern Syria (Rojava) that Syrian Kurds have seized from Daesh.
The YPG is the armed wing of the Syrian Kurdish rebel group People's Democratic Union (PYD), which is affiliated with the terrorist PKK group.
Upon his return to Australia on Monday, Dyball was greeted as a hero by over 50 supporters at Melbourne airport before being questioned for several hours by Australian Federal Police.
The ABC reported that he was then released without charge.
Australia’s Foreign Fighters legislation is aimed at preventing Australian jihadists going overseas to fight and -- once that person is overseas -- returning to Australia.
Dyball’s lawyer, Jessie Smith from legal outfit Stary, Norton and Halphen told radio station 3AW it is not yet known if Dyball will be charged under the Foreign Fighters laws.
Under the laws, it can be a crime to fight for militants on either side of the Syrian conflict.
On Nov. 26, Immigration Minister Peter Dutton told radio station 2GB that the Australian Citizenship Amendment (Allegiance to Australia) which passed both Houses of Parliament Dec. 3: “is going to become a considerable tool for us to use against many of these foreign fighters wanting to return to our country”.
At Melbourne airport, Dyball was reunited with his parents, Scott and Julia Dyball, who maintain they did not know why their son left Australia for the Middle East.
Smith told radio station 3AW that Dyball was only involved in demining efforts in Syria.
"There have been a number of young men who have made great sacrifices -- often with their lives," she said.
Dyball's father had earlier appealed to Prime Minister Malcolm Turnbull not to proceed with a prosecution.
"This is wrong, what the government is trying to do to him is wrong," Dyball told the ABC.
"The charges are just so ridiculous; they should be dropped. The law was unclear at the time... If they were clear the boys would not have gone," he said.
“All we are asking is just an amnesty," he said.
“It’s a huge concern the Australian government hasn’t drawn a line between those fighting for ISIS [Daesh] and those fighting against ISIS [Daesh],” supporter Dilek Giyik told News Corporation at Melbourne airport.
“Our community has already welcomed two coffins, we’re just relieved it’s not a third,” she said.
Dyball has received enormous support on social media.
“I am still currently under investigation and am very tired... have much to do this week," he wrote on his Facebook page Monday morning.
"Thank you everyone for your support it means a lot."
On Monday afternoon, he flew on to Brisbane with his parents.
His mother said her son would need help after witnessing beheadings and other atrocities committed by Daesh.
"He's seen bombs put on the bottom of slippery slides... they [Deash] put bombs in blankets... they put bombs in fridges," she told the Brisbane Times.
She said she was very proud of her boy.
