shows the author in good health, it cannot be said that the prolonged detention has caused him psychological damage. The author observes that the report was directed at determining whether his prior illness caused him to commit the crimes for which he is to be deported, and whether he currently poses any threat to anyone. The first issue was answered affirmatively, the second negatively. In any event, given that the State party accepts the author’s current good health, there is no reason why he should be detained further or deported. argument that the certain administrative remedies (the Commonwealth Ombudsman and HREOC) have not been pursued by the author. The Committee observes that any decision of these bodies, even if they had decided the author’s claims in his favour, would only have had recommendatory rather than binding effect, by which the Executive would, at its discretion, have been free to disregard. As such, these remedies cannot be described as ones which would, in terms of the Optional Protocol, be effective. 6.7 The author goes on to argue that the fact that he does not know whether or when he will be released, or whether or when he will be deported, on its own amounts to a violation of article 7. It is particularly cruel treatment or punishment as he has completed the prison sentence for his crimes, and because he previously suffered a psychiatric illness in immigration detention in circumstances that he did not know if or when he would be released or deported. 7.4 As to the claims relating to the first period of detention, the Committee notes that the legislation pursuant to which the author was detained provides for mandatory detention until either a permit is granted or a person is removed. As confirmed by the courts, there remained no discretion for release in the particular case. The Committee observes that the sole review capacity for the courts is to make the formal determination that the individual is in fact an “unlawful non-citizen” to which the section applies, which is uncontested in this case, rather than to make a substantive assessment of whether there are substantive grounds justifying detention in the circumstances of the case. Thus, by direct operation of statute, substantive judicial review which could provide a remedy is extinguished. This conclusion is not altered by the exceptional provision in s.11 of the Act providing for alternative restraint and custody (in the author’s case his family’s), while remaining formally in detention. Moreover, the Committee notes that the High Court has confirmed the constitutionality of mandatory regimes on the basis of the policy factors advanced by the State party.68 It follows that the State party has failed to demonstrate that there were available domestic remedies that the author could have exhausted with respect to his claims concerning the initial period of detention, and these claims are admissible. 6.8 The author concludes, with reference to international jurisprudence, that mandatory detention of non-nationals for removal, without individual justification, is almost unanimously regarded as a breach of the right to be free from arbitrary and unlawful detention.67 Issues and proceedings before the Committee Consideration of admissibility 7.1 Before considering any claim contained in a communication, the Human Rights Committee must, in accordance with rule 87 of its rules of procedure, decide whether or not the communication is admissible under the Optional Protocol to the Covenant. 7.2 The Committee has ascertained that the same matter is not being examined under another procedure of international investigation or settlement for the purposes of article 5, paragraph 2 (a), of the Optional Protocol. 7.5 As to the claims relating to the author’s proposed deportation to Iran, the Committee notes that with the denial of leave to appeal by the High Court he has exhausted all available domestic remedies in respect of these claims, which are accordingly admissible. 7.3 As to the question of exhaustion of domestic remedies, the Committee notes the State party’s 7.6 As to the State party’s further arguments that the claims related to the first period of detention and the author’s proposed deportation are unsubstantiated, the Committee is of the view, on the material before it, that the author has sufficiently substantiated, for the purposes of admissibility, that these facts give rise to arguable issues under the Covenant. 67 In Dougoz v. Greece (Appln. 40907/98, judgement of 6 March 2001), the European Court of Human Rights held that detention conditions of an asylum-seeker, including the inordinate length of detention, amounted to inhuman and degrading treatment. It also found the detention to be arbitrary, and that there was no effective remedy available by which the lawfulness of detention could be challenged. Similarly, in Saasi v. Secretary of State (Home Department) (High Court of the United Kingdom, judgement of 7 September 2001), mandatory detention of asylum-seekers without justification in each individual case was found to be arbitrary. 7.7 As to the claims related to the second period of detention (detention pending deportation), the Committee notes that, unlike mandatory detention at 68 154 Lim v. Australia (1992) 176 CLR 1 (HCA).