review of refusal to grant refugee status to members of the group. When the author was removed to Port Hedland on 21 October 1991, the application for review was under consideration by the RSRC, and there was no need for immediate action by the author's legal advisors. When RSRC's recommendation to refuse the application was notified to NTLAC on 22 January 1992, NTLAC requested a reasonable time for the author to get legal assistance. The RCoA arrived in Port Hedland on 3 February 1992 to represent the author, and lodged a response to RSRC's recommendation on 3 March 1992. The State party contends that nothing suggests that requests for review in these two cases would have been lodged much earlier had there been no change in legal representation. the Australian community, as well as with the Cambodian, Khmer and Indo-Chinese communities in Sydney, which provided some support to the Pender Bay detainees. These groups would have been able to provide access to legal advisers; (c) In June/July 1990, the Jesuit Refugee Service approached the Legal Aid Commission of New South Wales (LACNSW) to represent the Pender Bay detainees. On 11 September 1990, A. authorised LACNSW to represent him. Prior to LACNSW's involvement, the Department of Immigration and Ethnic Affairs (DIEA) had planned to move the Pender Bay detainees from Sydney in early October 1990. To ensure continued access to their legal representatives, the group was not moved to Darwin until 20 May 1991; 7.13 Finally, the State party denies that there is any evidence that the remote location of the Port Hedland Detention Centre was such as to obstruct access to legal assistance. There are forty-two flights to and from Perth each week, with a flight time of 130 to 140 minutes; early morning flights would enable lawyers to be in Port Hedland before 9 a.m. The State party notes that a team of six lawyers and six interpreters, contracted by RCoA with funding from DIEA, lived in Port Hedland for most of 1992 to provide legal advice to the detainees. (d) At the time of the move to Darwin, LACNSW advised the Northern Territory Legal Aid Commission (NTLAC) that the group was being relocated. NTLAC lawyers were at the Curragundi camp (near Darwin) approximately one week after the Pender Bay group's arrival. When A. was moved to Port Hedland on 21 October 1991, NTLAC continued to act on his behalf until 29 January 1992, when it advised DIEA that it could no longer represent the Pender Bay detainees. On 3 February 1992, the Refugee Council of Australia (RCoA) took over the function of representatives of all Pender Bay detainees; 7.14 As to article 14, paragraph 1, the State party contends that no argument can be made that there was a breach of the author's right to equality before the courts: in particular, he was not subject to any form of discrimination on the grounds that he was an alien. It notes that if the Committee were to consider that equality before the courts encompasses a right to (obligatory) legal advice and representation, it must be recalled that the author's access to such advice was never, at any stage during his detention, impeded (see paragraphs 7.9 and 7.10 above). (e) The NTLAC was retained by members of the Pender Bay group for Federal Court proceedings in April 1992. RCoA continued to provide advice in relation to the refugee status applications. 7.11 The State party points out that prior to 1991/92, funds for legal assistance were not specifically earmarked for asylum seekers in detention, but individual applicants had access to legal aid through the normal channels, with NGOs also providing support. Since 1992, legal assistance is provided to applicants through contractual agreements between DIEA and RCoA and Australian Lawyers for Refugees (ALR). The State party notes that in the proceedings seeking to overturn the decision which refused him refugee status, A. was legally represented. His advisers included not only the NSWLAC and the NTLAC, but also Refugee Advice Casework and two large law firms. 7.15 The State party affirms that the second and third sentences of article 14, paragraph 1, do not apply to refugee status determination proceedings. Such proceedings cannot be described as a "determination ... of his rights and obligations in a suit at law". Reference is made in this context to decisions of the European Commission of Human Rights, which are said to support this conclusion5. The State party fully accepts that aliens subject to its jurisdiction may enjoy the protection of Covenant rights: "However, in determining which provisions of the Covenant apply in such circumstances, it is necessary to examine their terms. This interpretation is supported by the terms of the second and third sentences of article 14, paragraph 1, which are 7.12 The State party contests that delays in the hearing of A.'s case were attributable to his losing contact with legal advisors after each move between detention centres. When the author was removed from Sydney to Curragundi on 21 May 1991, the NSWLAC immediately advised the NTLAC, and on 11 June, NTLAC forwarded to the Refugee Status Review Committee (RSRC) an application for 5 See X, Y, Z and W v. United Kingdom (Application No. 3325/67); and Agee v. United Kingdom (Application No. 7729/76). 98