Ill asylum seeker's release delayed

By Penelope Debelle
The Age, April 10 2002

A South Australian Supreme Court order that a mentally ill Afghan asylum seeker be released from a psychiatric hospital into the care of an Afghan family was delayed yesterday after Federal Immigration Minister Philip Ruddock intervened.

South Australian public advocate John Harley, who became the legal guardian of Quader Fedayee, 18, when he was admitted to the Glenside psychiatric hospital from the Woomera detention centre in March, was granted an injunction early yesterday allowing him to release Mr Fedayee, against the wishes of the Immigration Department.

But after the injunction was granted, a stand-off developed at the psychiatric hospital with the department refusing to let Mr Fedayee leave without a guard.

Late yesterday the matter returned to the Supreme Court, where Justice Mullighan allowed Mr Fedayee to remain in Glenside until this afternoon while the department conducted a health assessment.

Barrister Melissa Perry, for Mr Ruddock, said the man would not be returned to Woomera.

She said a temporary visa application could be processed quickly and that "may only take a matter of days".

Earlier, the court was told Mr Harley applied to Mr Ruddock, on March 19, for a temporary release order for Mr Fedayee because he suffered post-traumatic stress disorder and depression so severe he heard voices telling him to kill himself. The letter said Mr Fedayee's life was at risk.

"That letter remained without response from the department . . . or the minister," barrister Michael Manetta said.

Mr Fedayee, who Mr Harley said slipped in and out of catatonic states during which he would lie, wailing, in the foetal position, has spent the past six weeks with a government-contracted security guard constantly at his bedside.

The court heard that Mr Fedayee's father and mother were killed by the Taliban during a massacre that destroyed his village in Afghanistan.

At 16, Mr Fedayee arrived unaccompanied at Woomera and his psychiatric condition deteriorated.

The court was told the treatment of post-traumatic stress disorder required the person to feel safe. "He needs to be around people who are friendly and non-threatening," Mr Harley said.

Mr Harley sent to Mr Ruddock's office reports from senior clinical specialists stating Mr Fedayee's mental state required his release. But after a 28-day delay, the department told Mr Fedayee's migration agent the application was invalid because the department wanted to use its own doctors.

Five days ago, Glenside Hospital psychiatrist Sue Shannon advised Mr Harley that Mr Fedayee was showing no improvement and his bed was needed for more urgent cases. A deadline of 11am on Monday was set to discharge him but deferred for 24 hours while Mr Harley spoke to the department.

Mr Harley said yesterday the department told him late on Monday it would transfer Mr Fedayee to another detention centre, not necessarily Woomera.