A man found not guilty of serious offences on the ground of insanity was nonetheless held indefinitely in ‘supervised custody’ in a maximum-security prison. The Committee found this was akin to preventive detention and arbitrary, resulting in serious psychological harm to Mr A.S.; and that he had been denied the ability to challenge the justification for his ongoing detention; denied reform and rehabilitation services; and contact with his family, in violation of articles 7, 9(1), 9(4), 10(3) and 17 of the ICCPR.

First Nations authors living on low-lying islands in the Torres Strait argued that the Australian Government failed to adopt infrastructure to protect their livelihoods and communities from the impacts of climate change, and failed to mitigate climate change by reducing greenhouse gas emissions. In particular, the authors claimed that severe flooding and other changes in weather patterns destroyed graves and impacted their ability to conduct spiritual ceremonies. The Committee found violations of articles 17 and 27 of the ICCPR (interference with home and family; and minorities' cultural rights).

Ms G is a transgender woman. She changed her name on her birth certificate and had her driver’s license, Medicare card and credit cards reissued in her new name and successfully applied for a passport in her new name and gender. She married a woman, and subsequently underwent gender affirmation surgery.

Because Australia did not, at the time, permit same-sex marriage, it would not change the gender on the birth certificate of someone who is married. The same restriction did not apply to other identity documents, such as passports.

Ms G’s birth certificate stated that she was born male, but presents and identifies female. It thereby reveals private information about the fact that she is transgender and is a violation of her right to privacy (art 17).

Requiring Ms G to divorce in order to obtain a birth certificate that correctly identifies her gender is arbitrary interference with her right to family (art 17).

Further, “by denying transgender persons who are married a birth certificate that correctly identifies their sex, in contrast to unmarried transgender and non-transgender persons, the government is failing to afford the author and similarly situated individuals equal protection under the law”. The HRC found Ms G experienced discrimination on the basis of her marital status and her transgender identity (art 26).

Australia must make “full reparation” to Ms G, including providing her with a birth certificate consistent with her sex. Australia must also prevent similar violations in the future by revising its legislation to comply with the Covenant.

A Tamil survivor of torture arrived in Australia by boat in 2012 and applied for refugee protection. In the 6 years he spent in Australia appealling the initial rejection of his refugee claim, Mr Gnaneswaran married and had a child. His wife and Australian-born daughter were granted visas. Australia gave Mr Gnaneswaran 3 days’ notice of his forcible deportation, in which time he lodged a communication to the UN Human Rights Committee. The Committee responded the next day, asking Australia not to deport him while his case was before the Committee. But he was deported the same day to Sri Lanka, where he was arrested, interrogated and brought to court. The Committee found a breach of article 17, read in conjunction with article 23(1) of the ICCPR, concerning the protection of the family from arbitrary interference.

J.S. is a Chinese national who was arrested in Australia on suspicion of shoplifting and, having overstayed her visitor visa, was detained in an immigration detention centre. She subsequently applied for and was refused refugee protection.

In a mass data breach by the Immigration Department, personal information about Ms J.S. was published on a government website for several days. The UN Committee found that Australia had breached her privacy under article 17, both read alone as well as in conjunction with her right to an effective remedy under article 2(3) of the ICCPR.

An Iranian couple and their 3 sons migrated to Australia in 1994 on temporary visas and the following year a daughter was born. The family applied for permanent residency, which was refused owing to an undisclosed assessment by Australia’s domestic security agency, ASIO, concerning the father, Dr Leghaei.

Despite 16 years lawful residence in Australia, without ever being charged or warned for any reason, the secret security assessment against Dr Leghaei was upheld on appeal. Dr Leghaei’s wife and children all had permanent residency or citizenship, but his wife and 14yo daughter chose to accompany him when he was obliged to leave Australia in 2010.

The Committee found that Australia did not provide Dr Leghaei with “adequate and objective justification” for his expulsion and denied him “due process of law”. “Disrupting long-settled family life” by expelling the father of a minor child and forcing the family to choose whether to accompany him constitutes arbitrary interference with the family, in violation of articles 17 and 23(1).

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.