133:"unequivocally establish that an individual may be able to claim protection against arbitrary deportation by a state party even though he or she is not a citizen of that state." Further, there are unlikely to be any circumstances in which expulsion from one's country can be "anything other than arbitrary." Australia has a legal obligation to remedy its breach of the ICCPR and, in the HRC's view, it should allow and 'materially facilitate' Nystrom's return to Australia.
99:, where a panel of five judges gave their decision on 8 November 2006 that despite Nystrom having an "absorbed person visa", Senator Vanstone could cancel his visa and deport him on character grounds. Two judges noted that Parliament had left the Immigration Minister with the discretion to decide whether a person such as Nystrom could remain in Australia. Despite this, Senator Vanstone said her department was now "obliged" to detain Nystrom and "facilitate his removal".
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in 2004 on the grounds of his bad character, had him imprisoned and sought to deport him to Sweden. However, she was stopped in 2005 by the
Federal Court, whose majority judgement (by 2 out of 3) read: " has indeed behaved badly, but no worse than many of his age who have also lived as members of the
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It would appear that the High Court decision, and the dissenting
Federal Court judge's opinion, was that technically whilst the Immigration Minister has the power to deport any non-citizen on grounds of bad character, she should not do so in Nystrom's case. All three Federal Court judges were
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Australian community all their lives but who happen to be citizens. The difference is the barest of technicalities" ... "Apart from the dire punishment of the individual involved, it presumes that
Australia can export its problems elsewhere".
110:(UNHRC) to prevent his deportation. The Committee declined his request for an interim measure to halt his deportation while his case was being decided. He was deported on 27 December 2006, arriving in Sweden on 29 December 2006.
47:. By 2004, aged 30, he had committed a large number of offences (many when a minor under 18) "including aggravated rape of a 10-year-old boy and armed robbery" and was once again in jail for a serious criminal offence.
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However, in April 2012 the
Australian Government advised the HRC that it "respectfully disagrees" with the committee and said that it will not allow Nystrom to re-enter Australia. Barrister Brian Walters, who acted
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Nystrom was re-arrested on 10 November 2006 and held in
Maribyrnong Immigration Detention Centre in Melbourne. On 22 December, with the assistance of the Human Rights Law Resource Centre, he petitioned the
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for
Nystrom, stated the Government's decision could damage international relations and that Sweden had originally requested Australia not to deport Nystrom on humanitarian grounds.
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is a thoroughly unpleasant man having been convicted of serious and odious crimes". This has been an opportunity for some to castigate judges for being out of touch.
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126:(ICCPR), determined that Australia had violated Nystrom's right to enter his own country (art. 12(4)) and his right to family (articles 17 & 23(1)).
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in 2006. He won a landmark decision at the United
Nations in 2011, establishing that non-citizens may also have the right to enter a country.
39:. His mother, an Australian permanent resident, was visiting her parents in Sweden in the late stages of her pregnancy. She arrived back in
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with Stefan when he was just 27 days old. Since then he lived all his life in
Australia, never leaving the country, and he speaks only
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http://www.hrlc.org.au/court-tribunal/un-human-rights-committee/nystrom-v-australia-un-doc-ccprc102d15572007-18-august-2011/
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judges saying "... but no worse than many of his age". However, according to the same court, his crimes included aggravated
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In finding that the right to enter one's own country can apply also to non-citizens,
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In July 2011, after a 4.5 year delay, the UNHRC, which monitors compliance with the
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Dick, Tim (9 November 2006). "Deported despite life here since a newborn".
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Jason Pobjoy, 'There's no place like home: The case of Mr
Nystrom',
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As an aside to the main point, some controversy was raised by the
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http://www.hrlc.org.au/files/CCPR-C-102-D-1557-2007-English.pdf
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unanimous in their criticism of
Senator Vanstone in this case.
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63:, under Section 501 of the Migration Act, cancelled his
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International Covenant on Civil and Political Rights
256:"Court ruling opens door for deportation payouts"
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230:"The Nystrom case, what is one's "own country"?"
151:Other prominent immigration cases in Australia:
189:and had spent time in juvenile detention/jail,
323:UN HRC, Nystrom v Australia (2011) para. 9
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338:"Australia defies UN on deportation case"
35:Nystrom was born on 31 December 1973 in
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192:"At risk of exile after so many years"
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51:Deportation and Federal Court action
260:Australian Broadcasting Corporation
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118:UN Human Rights Committee decision
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273:Jackson, Andra (2 January 2007).
275:"Swedish chill greets deportee"
385:People deported from Australia
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228:Walters, Brian (March 2007).
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19:was a long-time resident of
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232:. Rightnow. Archived from
73:Federal Court of Australia
336:Jeff Waters; et al.
312:Human Rights Legal Centre
294:The Sydney Morning Herald
197:The Sydney Morning Herald
97:High Court of Australia
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108:Human Rights Committee
93:Australian Government
236:on 27 September 2007
57:Immigration Minister
23:who was deported to
131:Nystrom v Australia
380:Australian rapists
200:. 28 November 2005
262:. 5 October 2005.
87:High Court appeal
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281:. Melbourne.
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238:. Retrieved
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161:Vivian Solon
156:Cornelia Rau
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375:1973 births
344:. Australia
314:August 2011
364:Categories
172:References
81:appellant
41:Australia
21:Australia
348:26 April
342:ABC News
240:16 April
204:16 April
147:See also
140:pro bono
279:The Age
45:English
37:Sweden
25:Sweden
350:2012
242:2008
206:2008
91:The
77:rape
65:visa
31:Life
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