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