Mubarak is a Bidun, an ethnic minority from Kuwait. After the first Gulf war Biduns were expelled from Kuwait and regularly granted asylum by Australia. That all changed under the Howard Government. Australia rejected Mubarak's request for asylum in 2002 but Kuwait refused to accept him back, so Australia sent him to Syria on a 6 month visa. After his visa ran out Mubarak lived in hiding in Syria until he was arrested.

"I told them, I signed an authority to Kuwait. They told me no. 'What will I do in Syria? My family is in Kuwait.' They told us just to bring any passport, any passport... false passport. Any passport we deport you to Syria." - Mubarak