D and E v. Australia

Comment:

Pursuant to rule 90 of the Committee's rules of procedure, Committee member Mr. Ivan Shearer did not participate in the adoption of the decision. Under rule 92 the Committee's special rapporteur for new communications requested the State party to provide information of whether the authors were at a real risk of deportation and stated that it trusted that the authors would not be deported while their communication was under consideration by the Committee

Substantive issues:

• arbitrary detention - arrest
• children rights
• effective remedy
• fair trial
• liberty of person

Substantive articles:

• 9 (1)
• 9 (4)
• 24 (1)

Procedural issues:

• exhaustion of domestic remedies

Procedural articles:

• 2
• 5 (2) (b)