“some concern for his emotional and physical health
following a lengthy incarceration”. The author, who
had attempted to commit suicide by electrocution,
repeated his intent to commit suicide and exhibited
“extreme scores on all the depression scales”. He
had been prescribed tranquilizers in August 1992
and from March to June 1993. The psychologist,
observing “coarse tremor”, considered his paranoia
“not unexpected”. She saw “many indications of the
toll that twelve months of imprisonment has had
upon him”, finding him “actively suicidal” and “a
serious danger to himself”. He could not accept the
visits of his family, having developed “a sense of
persecution at the center and believ[ing] that they
speak loudly to hurt him”. She considered “if he
were free he would be able to regain a sense of
sanity”.
require expert psychiatric care in the wake of release
to monitor this recovery process”.
2.6 On 10 August 1994, pursuant to s.11 Migration
Act, the author was released from detention into his
family’s custody on the basis of special (mental)
health needs. At this point, the author was behaving
delusionally and was undergoing psychiatric
treatment. On 29 August 1994, the author again
applied for refugee status, which was granted on
8 February 1995 in view of the author’s experiences
in Iran as an Assyrian Christian, along with the
deteriorating situation of that religious minority in
Iran. Weight was also attached to “marked
deterioration in his psychiatric status over the
protracted period of his detention and diagnosis of
delusional disorder, paranoid psychosis and
depression requiring pharmaceutical and psychotherapeutic intervention”, which would heighten
adverse reaction by the Iranian authorities and the
extremity of the author’s reaction. On 16 March 1995,
he was granted the corresponding protection visa in
recognition of his refugee status.
2.5 On 15 February 1994, the author’s
deteriorating psychiatric condition was again
assessed.6 The expert recommended “further
psychiatric assessment and treatment on an urgent
basis”, which would unlikely be of benefit in
continued detention. The author “need[ed] some
respite from these conditions [of detention]
urgently”, and an assessment of appropriate external
arrangements “should be explored as a matter of
urgency” to avoid “a risk of self harm or behavioural
disturbance if urgent steps are not taken”. On
18 June 1994, at the request of detention center staff,
the same expert reassessed the author.7 He found
significant deterioration, with an increased sense of
being watched and persecuted and “clear-cut
delusional beliefs”. As previously, there was
significant depression, with the expert considering
that the author had deteriorated to “a frank
delusional disorder with depressive symptoms in
addition”. He clearly required anti-psychotic
medication
and
possibly
anti-depressants
subsequently. As his condition was “substantially
due to the prolonged stress of remaining in
detention”, the expert recommended release and
external treatment. He warned however that “there is
no guarantee that his symptomatology will resolve
rapidly even if he were released and he would
(d)
The criminal incidents
criminal proceedings
and
subsequent
2.7 On 20 May 1995, the author, mentally
deluded and armed with knives, broke into the home
of a friend and relative by marriage, Ms. A, and hid
in a cupboard. On 17 August 1995, he pleaded guilty
to charges of being unlawfully on premises and
intentionally damaging property, and received a noncustodial community-based order and psychiatric
treatment. On 1 November 1995, the author returned
to Ms. A’s home, damaging property and threatening
to kill her, and was arrested. On 18 January 1996,
the author made further threats to kill Ms. A by
telephone, and was again arrested and detained in
custody. As a result of the latter two incidents, on
10 May 1996, the author was convicted in the
Victoria County Court of aggravated burglary and
threats to kill, and was sentenced cumulatively to a
term of 3½ years imprisonment (with 18 months
before parole). The author did not appeal the
sentence.
(e)
Deportation order and subsequent substantive
review proceedings
6
“Confidential Psychiatry Report” of Dr. Patrick
McGorry MB BS, PhD, MRCP (UK), FRANZCP, dated
4 March 1994. In summary, the mental state examination
revealed “a very distressed man”, on tranquilisers,
describing “disturbed behaviour” and “persecutory
ideation” with clearly impaired memory and concentration.
His mood was of “anxiety tension and disphoria”. The
expert considered the author to be suffering from “a mixed
anxiety and depressive state”, meeting the criteria for
“major depressive disorder” with “severe anxiety
symptoms”. A delusional disorder could not be ruled out.
2.8 On 16 December 1996, the author was
interviewed by a delegate of the Minister with a
view to possible deportation as a non-citizen, being
in Australia less than 10 years, who had committed
a crime and been sentenced to at least a year in
prison. On 21 October 1996, the author underwent
a psychiatric assessment at the request of the
Minister’s delegate.8 The assessment, noting that no
7
8
“Confidential Psychiatry Report” of Dr. Patrick
McGorry, dated 27 June 1994.
Psychiatric Report by Dr. Douglas R Bell, Senior
Registrar Psychiatry, Department of Human Services.
142
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