MGC is a US national who lived in Australia as an adult for 15 years. He committed a series of offences involving fraud, pleaded guilty and was convicted. Because his prison sentence exceeded 12 months, his visa was cancelled and he was detained for 3.5 years prior to deportation. MGC, having an Australian son, alleged his prolonged detention and permanent deportation interfered with his family. He also alleged his detention was arbitrary. The HRC agreed his detention was arbitrary, but not that the interference with his family was arbitrary.

Mr Madafferi, an Italian in Australia, overstayed his tourist visa. He came to the attention of Australian authorities when he was sentenced by an Italian court in absentia. In the meantime, he had married an Australian and fathered Australian children, but his application for a spouse visa was refused on character grounds and he was detained, pending deportation. Mr Madafferi developed a ‘stress disorder’ in detention and was admitted to a psychiatric hospital for 6 months. The HRC requested a stay of deportation, which was initially refused. The Committee found that conditions in immigration detention were inhuman, and that there would be arbitrary interference with the family, in conjunction with treaty provisions protecting the family and children, if Mr Madafferi were deported. In 2005, his deportation order was overturned ‘on humanitarian grounds’. The HRC has deemed Australia’s response satisfactory.

Stefan Nystrom was born in Sweden and entered Australia when only 27 days old. His family assumed he was a naturalised Australian. Mr Nystrom began hearing voices in childhood and has suffered psychiatric symptoms throughout his life. From the age of ten, he began offending, usually under the influence of alcohol. At the age of 30, seven years after his last offence, during which time he had been law-abiding, steadily employed and recovering from his alcoholism, Mr Nystrom’s permanent visa was cancelled on character grounds. An appeal to the Federal Court found him to be ‘an absorbed member of the Australian community with no relevant ties elsewhere’. The Immigration Minister appealed successfully to the High Court. Mr Nystrom was deported to Sweden in 2009 and has since been homeless, in homeless shelters, in prison and in psychiatric care. The HRC found Mr Nystrom’s deportation constituted arbitrary interference with his right to family and his ‘right to enter his own country’, which is Australia. Further, his expulsion was arbitrary – occurring so long after his offending. He should be permitted and materially assisted to return to Australia. Australia has refused to allow Mr Nystrom back into Australia, but says it has made policy reforms to guard against repetition.

Ms S., an Australian national, submitted a communication on behalf of her husband, Mr B, a national of North Macedonia, who had lived in Australia since the age of 3. Due to Mr B’s substantial criminal record, the Assistant Minister for Immigration cancelled Mr B’s visa and deported him to North Macedonia. The Committee found that Australia breached article 12(4) – the right to enter one’s own country.