“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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