Formal Complaint to Investigate Barrister Pouyan Afshar

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To:  Office of the NSW Legal Services Commissioner​

olsc@justice.nsw.gov.au

CC:

The New South Wales Bar Association

Dominic Toomey SC, President, NSW Bar Association 

Michael Izzo SC, Senior Vice President, NSW BAR Association

9 Wentworth Chambers

Anti-Dumping Review Panel

 

Subject: Formal Complaint Regarding Mr Pouyan Afshar

Dear Sir/Madam,

I write as a member of the Iranian-Australian community, reflecting concerns that have been expressed within that community, to respectfully raise a complaint in relation to recent publicly circulated videos and statements involving Mr Pouyan Afshar.

Recent videos (including material dated 11 June 2026), together with associated public commentary, have generated significant discussion and concern within the Iranian‑Australian community. These discussions have occurred against the background of previous concerns regarding the nature and effect of Mr Afshar's commentary and position on matters relating to the Islamic Republic regime in Iran (‘the IR Regime’).

The concerns raised relate to whether certain statements, positions, or public activities associated with Mr Afshar may reasonably be perceived as minimising, excusing, or normalising the atrocities and gross human rights violations committed by the IR Regime that has been the subject of criticism and condemnation by governments, international organisations, human rights bodies, and members of the Iranian diaspora.

In addition to the said video on 11 June 2026, further concerns arise from publicly circulated video footage in which Mr Afshar appears to be participating in a protest that has been perceived by many within the Iranian‑Australian community as supportive of the IR Regime (14 March 2026).

For many of us, this is not an abstract political debate. The actions of the IR Regime have been experienced across decades, affecting families and spanning generations. Some within our community have lost family members, while others continue to have relatives living under fear and repression in Iran.

Those concerns have only deepened in light of the January 2026 events in Iran and the extensive evidence that has since emerged. Evidence presented to the United Nations, together with reports from medical professionals, human rights organisations and international investigators, has documented the mass killing of civilians, attacks on protesters, arrests of medical personnel, interference with medical treatment and violence within hospitals committed against the Iranian people.

Against that backdrop, many Iranian-Australians find it deeply troubling when public figures appear to defend, excuse, minimise or normalise the conduct of the IR Regime. Given the scale of the suffering documented by international bodies and human rights organisations, such conduct inevitably attracts legitimate public concern and scrutiny.

We also note that the Islamic Revolutionary Guard Corps (‘IRGC’) is a listed state sponsor of terrorism under Australian law. 

We further note the Australian Government's recent decision to expel the Ambassador of the IR Regime following public reporting concerning intelligence assessments linking the Iranian regime to activities on Australian soil.  

It is entirely reasonable that members of the Iranian-Australian community ask questions when a practising barrister and holder of public appointments appears to publicly defend, minimise or normalise the conduct of that regime.

Those matters are significant, as they bear directly on the level of public confidence expected of someone who is not only a practising barrister, but also holds a public appointment requiring independence, judgment and objectivity.

The issue is therefore whether his commentary and conduct, viewed in context, are consistent with the professional standards, ethical obligations, and maintenance of public confidence expected of a legal practitioner and of the positions he has been entrusted to hold.

Mr Afshar holds a current public appointment as Chair of the Anti‑Dumping Review Panel, a Commonwealth statutory review body responsible for reviewing decisions of the Minister and the Anti‑Dumping Commission in relation to Australia’s trade remedies. This is a significant public role, entrusted with the independent exercise of statutory functions and requiring the highest standards of objectivity, impartiality and judgment.

We therefore respectfully submit that it is appropriate for the relevant professional bodies and authorities to consider whether Mr Afshar should be investigated. 

This includes serious concerns within the Iranian‑Australian community as to whether any actual or perceived conflicts, or other matters, may arise that are inconsistent with the standards expected of a practising barrister.

We believe the following matters merit clarification:

  1. Whether any current or historical business interests connected to Iran, the IR Regime, or the IRGC exist, and if so, whether they have been fully disclosed where required. 
  2.  Whether any such interests have involved entities, organisations or individuals connected to the IR Regime, state-controlled enterprises, sanctioned persons, or organisations linked to the IRGC. 
  3.  Whether there have been any financial relationships, transactions, commercial dealings or other arrangements involving entities connected to the IR Regime or its affiliates. 
  4. Whether repeated travel to Iran over recent years, if it has occurred, raises matters requiring examination by the relevant authorities.
  5. Whether publicly expressed views, statements or conduct are consistent with the standards of independence, objectivity, integrity and professional responsibility expected of a practising barrister. 

Given the significant public interest involved, we consider that these matters warrant careful and proper consideration by the relevant institutions.

Many Iranian‑Australians have spent decades witnessing the consequences of the IR Regime’s actions. It is therefore unsurprising that concerns arise when public figures in Australia are perceived to be defending, legitimising or normalising a regime whose conduct has been extensively documented by international bodies, human rights organisations and parliamentary inquiries.

We respectfully request that these matters be given careful consideration, and that any issues falling within the jurisdiction of the relevant authorities be reviewed as appropriate.

The purpose of this letter is to ensure that legitimate community concerns are properly considered and that public confidence in professional institutions is maintained.

We trust that these matters will receive the attention they deserve.

 

References

  • Publicly circulated videos and statements involving Mr Pouyan Afshar dated 14 March 2026 and 11 June 2026.

https://drive.google.com/file/d/14FBeIlTuirkPJUdGVJut6nbSbFNiLypD/view?usp=drivesdk

  • Publicly available media interviews, commentary and broadcasts involving Mr Pouyan Afshar, including interviews concerning Australian citizens detained in Iran by the Islamic Republic.

https://www.abc.net.au/listen/programs/radionational-breakfast/australia-should-engage-diplomatically-with-iran:-pouyan-afshar/11891810 

  • Anti-Dumping Review Panel records and Australian Government publications identifying Mr Pouyan Afshar as Chair / Senior Member of the Anti-Dumping Review Panel, a Commonwealth statutory review body responsible for reviewing decisions of the Minister and the Anti-Dumping Commission concerning Australia's trade remedies.

https://www.directory.gov.au/people/pouyan-afshar 

  • Parliamentary decisions – Australia's listing of the Islamic Revolutionary Guard Corps (IRGC).

https://www.foreignminister.gov.au/minister/penny-wong/media-release/islamic-revolutionary-guard-corps-listed-state-sponsor-terrorism 

  • United Nations Human Rights Council resolutions and associated investigative mandates relating to Iran and peer-reviewed medical, humanitarian and human rights reporting concerning events in Iran during January 2026.

https://docs.un.org/en/A/HRC/S-39/NGO/1​ 

https://docs.un.org/en/A/HRC/RES/S-39/1

https://www.ohchr.org/en/media-advisories/2026/01/human-rights-council-adopts-resolution-extending-mandates-fact-finding 

  • UN report released in March 2024 by the Independent International Fact-Finding Mission on Iran

Independent International Fact-Finding Mission on the Islamic Republic of Iran | OHCHR 

  • Professor Payam Akhavan, former UN prosecutor and Special Advisor to the International Criminal Court, took the floor at the United Nations Human Rights Council during the special session on the deteriorating human rights situation in the Islamic Republic of #Iran on 23 January 2026 in Geneva: "The people of #Iran are a living through a nightmare," civil society representative tells UN |#SS39

 

  • Government’s decision regarding Australia's expulsion of the Ambassador of the Islamic Republic of Iran.

https://www.foreignminister.gov.au/minister/penny-wong/media-release/response-iranian-attacks 

  • Publicly available records concerning matters in which Mr Pouyan Afshar has appeared as Counsel, including his legal representation of individuals, including but not limited to, Mr Reza Dehbashi Kivi (University of Queensland research former student was held in custody for 13 months over allegations he exported American radar equipment for detecting stealth planes or missiles to Iran, circumventing US sanctions).

https://www.sbs.com.au/news/article/lawyer-of-iranian-academic-denies-use-of-hostage-diplomacy-amid-speculation-of-prison-swap/59qe679vl

 

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