Casework - Family Rights

UN finds Australia violated international law in landmark case on rights of non-citizens and protection of families (6 Sept 2011)

In a landmark decision, the United Nations Human Rights Committee has held that Australia violated the human rights of a permanent resident, and breached its international legal obligations, by cancelling his visa and deporting him to Sweden. Stefan Nystrom was deported from Australia on 29 December 2006 after the government cancelled his visa on the [...]

Landmark Supreme Court Decision on Right to Humane Treatment in Detention and Prisoner Access to Healthcare (13 July 2010)

Castles v Secretary to the Department of Justice [2010] VSC 310 (9 July 2010) On 9 July 2010, the Supreme Court of Victoria found that the plaintiff, Kimberley Castles, is entitled under s 47(1)(f) of the Corrections Act 1986 to undergo IVF treatment.  The finding overturns a decision by the Secretary of the Department of [...]

Supreme Court Orders Speedy Trial to Determine Prisoner’s Eligibility to Access IVF Treatment under Victorian Charter (5 May 2010)

Castles v Secretary of the Department of Justice & Ors [2010] VSC 181 (4 May 2010) The Supreme Court of Victoria has rejected an application by a female prisoner for an injunction restraining the Secretary of the Department of Justice from refusing to grant the permits and approvals necessary to access IVF treatment, contrary to [...]

Family Rights: Nystrom v Australia – Individual Communication to UN Human Rights Committee (Apr 2007)

The Human Rights Law Resource Centre acts for Stefan Nystrom, Britt Nystrom and Annette Turner. Stefan Nystrom was born in 1973 and, until very recently, had lived permanently in Australia since he was 27 days old.   He is a Swedish citizen but has no relevant ties to Sweden or any State other than Australia. On [...]