12 November 2001
Commission intervenes in "Luu" case
The Human Rights and Equal Opportunity Commission has intervened in the case of Minh Dung Luu and the Minister for Immigration, which was heard by the Full Bench of the Federal Court today.
The Commission was granted leave by Federal Court Justice Marshall on 5 June 2001 to intervene in these proceedings under s 11(1)(o) of the Human Rights and Equal Opportunity Commission Act 1986 (Cth).
It is the view of the Commission that the circumstances of Mr Luu's continued detention are in breach of Australia's international obligations under the International Covenant for Civil and Political Rights ("ICCPR"). In particular, the Commission believes that there has been a breach of article 9 of the ICCPR in relation to arbitrary detention. Mr Luu has been in immigration detention since 18 June 1997. The sentence for his crime, served prior to immigration detention (and for which the Minister issued a deportation order) was three years, six months. Mr Luu has served twice as much time in custody (either in jail or immigration detention) as that ordered by the criminal justice system as punishment for his crime.
The Commission submitted to the Court that Australia's obligations under ICCPR were a relevant consideration in the Minister for Immigration's decision not to release Mr Luu pending deportation. If the Minister decided not to take Australia's obligations into account, he should have advised Mr Luu of that fact.
Furthermore, recent decisions of the US Supreme Court and the United Kingdom Court of Appeal and international obligations clearly indicate what is a "reasonable" period of time for detention. The Commission believes the Minister has not used his discretion appropriately in imprisoning Mr Luu for this period of time.
The Commission makes no comment about the Minister's decision to issue a deportation order following Mr Luu's criminal conviction, but made submissions about the unreasonableness of the period of detention and the failure to take Australia's international obligations into account.
The submission may be found in full on the Commission's website at: http://www.humanrights.gov.au/about_the_commission/guidelines/submissions_luu.html.
A report (HRC report number 13) about the circumstances of other people held in detention pending deportation can be found at http://www.humanrights.gov.au/human_rights/human_rights_ reports/hrc_report_13.html
Media contact:
Janine MacDonald 0408 469 347
