responded to requests of 6 and 22 September 1999, and 15 October 1999, for revocation of the deportation order and/or interim release pending final determination of his case. He refused the request for interim release, and stated that he was continuing to assess the request for revocation of the deportation order. In December 2000, the Minister declined, following further requests for intervention, to release the author.18 being overturned in subsequent proceedings, the AAT in fact affirmed this position. Moreover, the author argues that the pattern of conduct shown by Iran supports the conclusion that he will be exposed to a violation of his Covenant rights in the event of deportation.22 3.3 The author further claims that his prolonged detention in Australia upon arrival breaches articles 9, paragraphs 1 and 4, of the Covenant, as he was detained upon arrival under the mandatory (nondiscretionary) provisions of (then) s.89 Migration Act. Those provisions do not provide for any review of detention, either by judicial or administrative means. The author considers his case to fall within the principles laid down by the Committee in its Views in A v. Australia,23 in which the Committee held that detention, even of an illegal immigrant, which was neither reviewed periodically nor otherwise justified in the particular case violated article 9, paragraph 1, and that the absence of real judicial review including the possibility of release violated article 9, paragraph 4. The author emphasizes that, as in A’s case, there was no justification for his prolonged detention, and that the present legislation had the same effect of depriving him of the ability to make an effective judicial application for review of detention. For these violations of article 9, the author seeks adequate compensation for his detention under article 2, paragraph 3. The author also maintains that his current detention is in violation of article 9.24 The complaint 3.1 The author contends that he has suffered a violation of his rights under article 7 in dual fashion. Firstly, he was detained in such a way and for such a prolonged period (from his arrival on 22 July 1992 until 10 August 1994) as to cause him mental illness, from which he did not earlier suffer. The medical evidence was unanimous in concluding that his severe psychiatric illness was brought about by his prolonged incarceration,19 and this had been accepted by the AAT and the courts. The author contends that he was initially imprisoned without any evidence of a risk of abscondment or other danger to the community. He could have been released into the community with commonly utilized bail conditions such as a bond or surety, or residential and/or reporting requirements. The author also alleges that his current detention is in breach of article 7.20 3.2 Secondly, the author argues a violation of article 7 by Australia in that his proposed deportation to Iran would expose him to a real risk of a violation of his Covenant rights, at least of article 7 and possibly also article 9, by Iran. He refers in this connection to the Committee’s jurisprudence that if a State party removes a person within its jurisdiction, and the necessary and foreseeable consequence is a violation of that person’s rights under the Covenant in another jurisdiction, the State party itself may be in violation of the Covenant.21 He considers that the Minister’s delegate found that the author had a wellfounded fear of persecution in Iran because of his religion and because his psychological state may bring him to the notice of the authorities which could lead to the deprivation of his liberty under such conditions as to constitute persecution. Far from State party’s admissibility and merits submission 4.1 By submissions of 1 March 2001, the State responded on the admissibility and the merits of the author’s claims. 22 In this connection the author supplies reports, dated 14 December 1994, 1 August 1997, and 19 November 1999, by Dr. Colin Rubinstein, Senior Lecturer in Middle East Politics (Monash University) and member of Victorian Ethnic Affairs Commission, detailing “real and effective discrimination against Christians”, “effective intimidation”, “the fiercest campaign since 1979 against the small Christian minority”, including killings of clerics and arrests of apostates and a “gradual eradication of existing churches under legal pretences”. The situation for minorities, including Christians, is “clearly degenerating” and “deteriorating rapidly”. Accordingly, the author could expect a “high probability of vindictive retaliation” and “real persecution” in the event of his return. 18 It is not clear whether this was, or included, a decision on the request for revocation of the deportation order still pending from the Minister’s deferral of that question on 15 October 1999. 19 See footnotes 5, 6, 7, 8, 9, 10, 11, 13 and 15, supra. 23 20 This is clarified by his subsequent (final) submissions of 21 September 2001. See paragraph 5.3 (with footnote 57), paragraph 6.3 and paragraphs 6.5 to 6.8. 24 No. 560/1993. This is clarified by his subsequent (final) submissions of 21 September 2001. While the initial complaint appears confined to the initial period of detention, the State party’s main submissions also address the second detention from the perspective of article 9 (see especially paragraphs 4.22-4.24 and 4.32-4.35). 21 ARJ v. Australia (No. 692/1996) and T. v. Australia (No. 706/1996), coupled with General Comment 20 on article 7. 145