Bilal Khazal and his brother Maher are still in Australia but were sentenced in absentia by a military court in Lebanon for funding the group which carried out the bombing of a Beirut McDonald’s restaurant this year.
Earlier this year, regulations were added to Australia’s extradition Act to add Lebanon as an extradition country.
The Prime Minister John Howard says Australia will facilitate any formal request from Lebanon for their extradition.
The brothers were found guilty of providing finances to a militant Sunni Islamic group.
They are amongst more than 25 people convicted of carrying out a string of anti-US attacks across Lebanon.
Bilal, a former Qantas baggage handler, and his brother live in Sydney’s western suburbs.
The brothers’ lawyer Chris Murphy says the Federal Government should be protecting the men and he will fight any attempt to extradite them.
“The High Court of Australia would not uphold this extradition,” said Mr Murphy.
He added that the men believed they were giving money to a charity not to a militant organisation.
But Mr Howard says he is willing to hand the brothers over.
“There has been no extradition request received by Australia but if there is one received, we would respond positively,” he said today.
The Australian federal police say neither Bilal nor Maher Khazal are facing charges under Australian law.
However the Justice Minister Senator Ellison has confirmed one of the brothers is the subject of an ASIO investigation relating to his alleged links with Al-Qaeda.
Bilal was allegedly named in a CIA report and Spanish court documents for his suspected links to Al-Qaeda, claims which he has repeatedly denied.
Lebanon’s State Prosecutor is considering whether to seek extradition.