4.5 The State party contests the admissibility of the allegation under article 9, paragraph 4, and argues that existing avenues for review of the lawfulness of detention under the Migration Act are compatible with article 9, paragraph 4. It notes that counsel does not allege that there is no right under Australian law to challenge the lawfulness of detention in court. Habeas corpus, for instance, a remedy available for this purpose, has never been invoked by the author. It is noted that the author did challenge the constitutional validity of division 4B of part 2 of the Migration Act in the Australian High Court, which upheld the relevant provision under which, from 6 May 1992, the author had been detained. In its judgement, the High Court confirmed that, if a person was unlawfully detained, he could request release by a court. Prior to his release, no proceedings to challenge the lawfulness of his detention were initiated by A, despite the possibility of such proceedings. Other detainees, however, successfully instituted proceedings which led to their release on the ground that they were held longer than allowed under division 4B of the Migration Act2. After this action, another 36 detainees were released from custody. The State party submits that, on the basis of the material submitted by counsel, there is "no basis whatsoever on which the Committee could find a breach of article 9, paragraph 4, on the ground that the author was unable to challenge the lawfulness of his detention". A violation has not been sufficiently substantiated, as required under rule 90 (b) of the rules of procedure. The State party adds that the allegations relating to article 9, paragraph 4, could be deemed an abuse of the right of submission and that, in any event, the author failed to exhaust domestic remedies in this respect, as he did not test the lawfulness of his detention. flows from the guarantee that an individual is entitled to take proceedings before a court. It confirms that the author had access to legal advisers. Thus, the funding for legal assistance was provided through all the stages of the administrative procedure; subsequently, he had access to legal advice to pursue judicial remedies. For these reasons, the State party argues that there is insufficient substantiation of facts which might establish a violation of article 9, paragraph 4, by virtue of absence of access to legal advisers. To the extent that the claim concerning access to legal advisers seeks to rely on article 16 of the 1951 Convention Relating to the Status of Refugees, the State party refers to its arguments in paragraph 4.3 above. 4.8 The State party disputes that the circumstances of the author's detention give rise to any claim for compensation under article 9, paragraph 5, of the Covenant. It notes that the Government itself conceded in legal proceedings brought by the author and others that the applicants in this case had been detained without the statutory authority under which boat people had been held prior to the enactment of division 4B of part 2 of the Migration Act: this was merely the result of a bona fide but mistaken interpretation of the legislation under which the author had been held. On account of the inadvertent basis for the unlawful detention of individuals in the author's situation, the Australian Parliament enacted special compensation legislation. The State party considers this legislation compatible with article 9, paragraph 5. 4.9 The State party points out that a number of boat people have instituted proceedings challenging the constitutional validity of the relevant legislation. As the author is associated with those proceedings, he cannot be deemed to have exhausted domestic remedies in respect of his claim under article 9, paragraph 5. 4.6 To the extent that the communication seeks to establish a violation of article 9, paragraph 4, on the ground that the reasonableness or appropriateness of detention cannot be challenged in court, the State party considers that the absence of discretion for a court to order a person's release falls in no way within the scope of application of article 9, paragraph 4, which only concerns review of lawfulness of detention. 4.10 The State party refutes the author's claim that article 14 applies to immigration detention and considers the communication inadmissible to the extent that it relies on article 14. It recalls that article 14 only applies to criminal charges; detention for immigration purposes is not detention under criminal law, but administrative detention, to which article 14, paragraph 3, is clearly inapplicable. This part of the communication is therefore considered inadmissible ratione materiae. 4.7 To the extent that the communication claims a breach of article 9, paragraph 4, because of absence of effective access to legal representation, the State party notes that this issue is not covered by the provision: access to legal representation cannot, in the State party's opinion, be read into the provision as in any way related to or a necessary right which 4.11 Finally, the State party rejects the author's allegation of discrimination based on articles 9 and 14 juncto article 2, paragraph 1, on the ground that there is no evidence to sustain a claim of discrimination on the ground of race. It further submits that the quality of "boat person" cannot be approximated to "other status" within the meaning of 2 Tang Jia Xin v. Minister for Immigration and Ethnic Affairs No. 1 (1993), 116 ALR 329; Tang Jia Xin v. Minister for Immigration and Ethnic Affairs No. 2 (1993), 116 ALR 349. 93