Note that committees can record actual or potential violations.
Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.ICCPR art 24(1)
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.
Read more on Madafferi & Madafferi v Australia.
Indonesians Hendrick Winata and So Lan Li arrived in Australia in the 1980s and overstayed their visas, undetected. They had a son, who obtained Australian citizenship on his 10th birthday. The next day, his parents applied for refugee status. Their application was rejected and Immigration ordered their deportation. The HRC found that to deport Mr Winata and Ms Li would arbitrarily interfere with their family and breach Australia’s obligation to protect families and children. Australia rejected the Committee’s Views, but did not deport Mr Winata and Ms Li, who eventually obtained permanent residency in Australia.
Read more on Winata & Li v Australia.