Citation

McSherry B, Dastyari A. Psychiatry Psychol. Law. 2007; 14(2): 260-271.

Copyright

(Copyright © 2007, Australian and New Zealand Association of Psychiatry, Psychology, and Law, Publisher Informa - Taylor and Francis Group)

DOI

10.1375/pplt.14.2.260

PMID

unavailable

Abstract

There is increasing evidence that the provision of mental health services is inadequate for immigration detainees. In S v Secretary, Department of Immigration and Multicultural and Indigenous Affairs [2005] FCA 549, Justice Paul Finn held that the Commonwealth had breached its duty to ensure that reasonable care was taken of two Iranian detainees, 'S' and 'M', in relation to the treatment of their respective mental health problems. The lack of proper psychiatric care at Baxter Detention Centre was also highlighted in the Palmer Inquiry into the detention of Cornelia Rau. This article analyses the Commonwealth Government's legal duty to provide adequate levels of mental health services and psychiatric care to immigration detainees as well as the implications of the cases brought on behalf of a child refugee, Shayan Badraie and an Iranian man, Parvis Yousefi against the Department of Immigration and Citizenship and the detention centre operators.

Language: en

Keywords

human; standard; mental health; immigration; depression; suicide attempt; hospitalization; posttraumatic stress disorder; review; mental disease; antidepressant agent; health care delivery; behavior disorder; psychologic assessment; medicolegal aspect; mental health service; psychotrauma; practice guideline; electroconvulsive therapy; court; patient transport; mental hospital; health care system; government regulation; justice; immigrant; mental health care personnel