find the latest legal job
Corporate/Commercial Lawyers (2-5 years PAE)
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Specialist commercial law firm · Long-term career progression
View details
Graduate Lawyer / Up to 1.5 yr PAE Lawyer
Category: Personal Injury Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Mentoring Opportunity in Regional QLD · Personal Injury Law
View details
Corporate and Commercial Partner
Category: Corporate and Commercial Law | Location: Adelaide SA 5000
· Full time · Join a leading Adelaide commercial law firm
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Sydney NSW
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
In-house Legal Counsel & Commercial Lawyers
Category: Corporate and Commercial Law | Location: All Melbourne VIC
· Providing lawyers with flexibility and control over when they work, how they work and who they work for.
View details
Lawyer slams immigrant's treatment

Lawyer slams immigrant's treatment

A leading lawyer has today confirmed the Department of Immigration had no legal reason to detain a Lebanese immigrant who has lived in Australia for 33 years.

A leading lawyer has today confirmed the Department of Immigration had no legal reason to detain a Lebanese immigrant who has lived in Australia for 33 years.

Australian Human Rights Commission president, Cathy Branson QC, said today that administrative failures has resulted in the “unnecessary and arbitrary detention of a man with a mental illness”.

A report tabled in federal Parliament today shows how the Commonwealth Department of Immigration and Citizenship breached the human rights of Ahmed El Masri under the International Covenant on Civil and Political Rights (ICCPR).

The Department failed to conduct a thorough and timely review of the ongoing legality of El Masri’s detention in 2005, in light of a then recent decision by the full Federal Court. The failure led to El Masri being arbitrarily detained for 90 days.

“The unacceptable delay in reviewing [El Masri’s] case prevented his early release from immigration detention at a time when all the medical experts agreed that the best place to treat his mental illness was in the community,” said Branson.

The Department reportedly did not check Federal Court records when they detained El Masri in 2006, Branson said. She said the prolonged placement of El Masri for 77 days breached his right to be treated humanely in detention. 

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Lawyer slams immigrant's treatment
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Scales of Justice
06:03
Timing ‘critical’ in unusual contempt of court ruling
A recent case could have interesting implications for contempt of court rulings, according to a Ferr...
Dec 14 2017
International arbitration and business culture
Promoted by Maxwell Chambers. This article discusses the impact of international arbitration on t...
Papua New Guinea flag
Dec 14 2017
World-first mining case launched in PNG
Citizens of Papua New Guinea have launched landmark legal proceedings against the country’s govern...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...