Queensland Man Challenges Driver's License Revocation Over Colander Photo

Syaban Shadikillah, a resident of Mareeba, Queensland, is challenging a government directive to surrender his driver's license. The license, issued in February, features a photo of Mr. Shadikillah wearing a colander on his head. The Queensland government has stated that the license was issued "in error" due to non-adherence to operational policy guidelines and requires a new photograph for compliance.

Mr. Shadikillah, a self-identified Pastafarian, maintains that the colander constitutes religious headwear and views the demand as a violation of his freedom of expression.

The Licensing Dispute Unfolds

Mr. Shadikillah's driver's license was issued in February after he was photographed wearing a colander at a government office. Following online attention to the license photo, a government official contacted Mr. Shadikillah, informing him that the headgear was not considered legitimate religious attire for licensing purposes.

The Queensland Department of Customer Services stated that "Driver licensing operational policy guidelines were not adhered to in this instance," leading to a non-compliant license. A spokesperson confirmed that a new photograph is required to meet compliance guidelines.

Mr. Shadikillah, 28, argues that his license is valid and that the requirement to retake his photo violates his right to freedom of expression and to wear religious headgear. He maintains that authorities lack the jurisdiction to determine what constitutes appropriate religious headwear.

Government Policy and Pastafarianism Recognition

Queensland government policy permits headgear in license photos only for religious purposes. However, the state, in alignment with other Australian states, does not officially recognize Pastafarianism as a religion for driver's license purposes.

This stance is central to the government's position that the original license photo was issued incorrectly.

Background on Pastafarianism

Mr. Shadikillah identifies as a Pastafarian, a follower of the Church of the Flying Spaghetti Monster. He converted to Pastafarianism in 2021 in Indonesia. The new religious movement originated in 2005 when US physics graduate Bobby Henderson protested the teaching of intelligent design in Kansas schools. Henderson humorously presented the concept of a universe created by a flying spaghetti monster.

Adherents of Pastafarianism consider the colander, along with "full pirate regalia," to be expressions of their faith, drawing parallels to other religious head coverings such as hijabs or Sikh turbans. Mr. Shadikillah states that the core values of Pastafarianism include freedom of expression, an absence of dogma, and a rejection of coercion, and he believes Pastafarians should receive recognition and respect equal to that of other religions.

Precedents in Other Jurisdictions

Similar cases involving Pastafarians seeking government-issued identification with colander headwear have occurred internationally and within Australia.

• In 2011, an Austrian man received a driver's license with a pasta strainer. Authorities later clarified that approval was granted due to the visibility of his face in the photo, not as recognition of the headgear's religious status.
• In 2015, Benjamin Ady in Melbourne was issued a license with a colander photo. Reports indicated a manager had permitted the photo in that instance.