BY PETA JOHNSTON
On August 6, long-term immigration detainee Stephen Khan was released from detention at the Perth Immigration Detention Centre on the order of Federal Court Justice Malcolm Lee. Sitting in the Federal Court in Perth, Lee made the order, pending the outcome of a ruling on the legality of Khan's detention.
Khan has been detained since September 1998, making him one of the longest serving immigration detainees in Australia. Upon release, a relieved and emotional Khan said, "I can't believe it, it is like dream for me".
Not in court to hear the order, Khan was rung by a friend who was present. The friend explained, "He was asleep, which I thought was strange, but later I realized that he had been trying not to get his hopes up since he has been disappointed so many times before. He seemed relieved and happy, but I don't thing that he quite believed it. It did not seem real to him."
The legal argument in court centred on whether Khan has a case to argue that his detention is unlawful. If so, he should be entitled to liberty pending the outcome of this argument in court at a later time.
This stems from a precedent set earlier last year, in the Al Masri case, in which the Federal Court ruled that immigration detention is only allowed for the purposes of administration. If there is no prospect of achieving an administrative outcome in a reasonable time, then detention becomes unlawful and the court may exercise its judicial power to order a release.
There were around 20 supporters of Khan in court to hear the ruling, which came with a number of conditions, including the posting of a $3000 security bond. The money was hurriedly organised and paid by Khan's supporters.
Since his release, Khan has been staying with a long-time supporter and friend. He has seen his first sunrise in more than four years and used a key to unlock a door for the first time in five years.
From Green Left Weekly, August 13, 2003.
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