by his protracted immigration detention.12 On
11 November 1997, the psychiatrist treating the
author during his criminal sentence interceded
proprio motu before the Minister on the author’s
behalf.13 On 29 July 1998, the author succeeded on
appeal to the Federal Court of Australia, on the basis
that his mental disturbance and personal
circumstances had not sufficiently been taken into
account in assessing whether the author’s offence of
threatening to kill was a “particularly serious crime”,
which, under article 33 of the Convention on the
Status of Refugees 1951 (“the Convention”), could
justify refoulement. The case was accordingly
remitted to the AAT. In March 1998, treatment of
the author with a particular drug (Clorazil) was
commenced, which contributed to dramatic
improvements in the author’s condition.
previous illness was apparent and that his morbidorigin persecutory beliefs developed in detention,
found “little doubt that there was a direct causal
relationship between the offence for which he is
currently incarcerated and the persecutory beliefs
that he held on account of his [paranoid
schizophrenic] illness”. It found, as a result of
treatment, a decreasing risk of future acts based on
his illness, but an ongoing need for careful
psychiatric supervision. On 24 January 1997, the
author underwent a further psychiatric assessment
coming to similar conclusions.9 On 8 April 1997,
the Minister ordered the author deported on this
basis.
2.9 On 24 April 1997, the author appealed the
deportation order to the Administrative Appeals
Tribunal (AAT). On 28 July 199710 and 1 August
1997,11 the author underwent further psychiatric
assessments. On 26 September 1997, the AAT
dismissed the author’s appeal, while appearing to
accept that the author's mental ill health was caused
2.10 On 26 October 1998, the AAT, differently
constituted, again affirmed the deportation decision
after rehearing. The AAT found that, while he could
suffer a recurrence of his delusional behaviour in
Iran which given his ethnicity and religion could
lead to a loss of freedom, this would not be “on
account of” his race or religion”. Accordingly, he
fell outside the provisions of the Convention. It also
found that, while the author remained under control
when he took appropriate medication,14 he believed
he was not ill and that there was a real chance he
would cease his medication. While it found a “lack
of certainty” that the author would be able to obtain
Clorazil in Iran, it made no findings on the standard
9
Confidential Psychiatric Report, dated 29 January
1997, by Prof. Patrick McGorry, Center for Young
People’s Mental Health. He found: “Prior to his
detention there had been no evidence of a psychiatric
illness whatsoever and the stress of the detention centre
experience and the uncertainty about his future which
was extreme given the duration of his detention had
precipitated a severe psychotic illness.” “[H]e would not
have developed this serious psychiatric disorder had he
not been placed in extended and indeterminate
detention.” “[He] has come in contact with the criminal
justice system purely as a result of developing a
psychiatric illness which produced delusional beliefs
upon which he acted.” In light of appropriate medication,
his mental state was much improved.
12
The Tribunal found: “The evidence is …
incontrovertible that the stress and anxiety of the detention
and uncertainty about his future has precipitated the severe
psychotic illness. During the protracted period of his
immigration detention he suffered a marked deterioration
in his mental health. There was no evidence of any mental
illness prior to his detention in immigration custody …
[H]e spent more than two years in immigration detention
and was released only, it seems, because of his
deteriorating mental health.” [C] v. Minister for
Immigration and Ethnic Affairs [citation deleted].
10
Psychological Report, dated 5 August 1997, by
Dr. Elizabeth Warren, Healey and Warren Psychologists.
The report noted a willingness to comply with treatment
regimes and concluded inter alia that “As the period of
detention in [MDIC] increased, this man’s mental state
changed from one of anxiety, depression, suicidal
preoccupation and suspiciousness - to one of a frankly
psychotic and delusional nature.”
13
Consultant Psychiatrist Barrie Kenny stated: “The
consensus of those of us who have been involved with this
man, is that the period of detention itself may have
precipitated this delusional disorder that he has obviously
suffered from. (We make that assertion on the basis of the
complete absence of any prior symptomatology, the fact
that he had functioned well in Iran as an Accountant and
that when his delusional material is under control, he
functions and presents himself very well indeed).”
11
Confidential Psychiatric Report, dated 5 August
1997, by Prof. Patrick McGorry, University of
Melbourne. While finding the author posed, in the light
of treatment, a “minimal and acceptable” level of risk, it
reiterated that his trauma and morbidity “was originally
produced by his prolonged and at that time indeterminate
incarceration … [which] was the key factor to the
triggering and onset of his severe mental illness for
which he now suffers. This is particularly so since there
appears to be no family history of any mental disorder
and no other apparent source of vulnerability to such a
disorder”. On 17 December 1998, the same expert
submitted another report finding inter alia that “his
original illness was precipitated by his initial detention
following arrival in Australia”.
14
On this point, the AAT was satisfied “that the reason
[the author] no longer has delusional thoughts and is
thinking more clearly about the current place of people
such as [his victim] in his life has been his treatment with
the drug Clorazil” and that “the likelihood of [the author]
reoffending and so endangering the community, are so
small as to be negligible while he remains on Clorazil”;
“The drug Clorazil has been successful”.
143
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents