The personal circumstances of the applicant
7 Medical reports from Dr Shavtay Misrachi and Dr Louise Newman, psychiatrists, were placed before the court. There was also evidence from the applicant's solicitor and from Dr Alex Wodak, physician, the Director of Alcohol and Drug Services at St Vincent's Hospital. There were further reports from Dr Olaf Nielssen and Dr Allnutt, who have significant experience with psychiatric patients who come into conflict with the criminal law. The evidence disclosed that the applicant suffers from a significant psychiatric illness. He has suffered many hardships.
8 The applicant was born on 6 December 1971 in Dhaka in Bangladesh to a comfortably off middle class family. He was the youngest of five children and had a trouble free childhood. His father was an executive engineer and his mother a medical practitioner. The family are devout Muslims.
9 The applicant attended an exclusive primary and secondary school where he performed well. He acquired an arts degree but became involved in political activities in Bangladesh. As a result he was imprisoned in 1991. This brought shame upon the family who did not take steps to obtain his release. There is evidence that during his period in prison he was tortured. When the family found out from a mutual friend that the applicant was homosexual he was rejected. His family refused to help him financially. Fearing further persecution and torture in Bangladesh the applicant fled to Australia.
10 Shortly after his arrival in this country the applicant consulted Mr David Bitel an immigration lawyer. Apart from their professional relationship they became friends. Mr Bitel assisted the applicant with his application to the Department of Immigration and before the Refugee Review Tribunal. Mr Bitel gave evidence of the deprivations which the applicant suffered on coming to Australia including his incapacity to work. Ultimately the applicant resorted to male prostitution to survive. His mental health deteriorated. He increasingly abused alcohol and developed psychiatric problems. He became dependent on Mr Bitel for support. Shortly after the applicant's arrival in Australia his longstanding friend and partner, another Bangladeshi, was murdered in Kings Cross. The applicant himself has been assaulted because of his homosexuality.
11 The applicant first made an application for refugee status in 1996. That application was refused and according to Mr Bitel the applicant suffered what he, as a layman, described as a "nervous breakdown". There was an appeal to the Federal Court which succeeded and the matter was remitted to the Refugee Review Tribunal which, although the sitting member suggested that an approval may be appropriate, ultimately refused his application.
12 A second appeal was lodged to the Federal Court which again succeeded and the matter was remitted to the Refugee Review Tribunal. In May 2005 the Tribunal found that the applicant was a person to whom Australia owed protection obligations under the Refugees' Convention and qualified for a protection visa. He was granted permission to work only in August 2005. His application for a permanent protection visa was approved in September 2007.
13 Although not diagnosed until late July 2005 the applicant had progressively developed a psychotic illness and a serious alcohol problem. He had been unable to obtain work legally or to be in receipt of any social security payments. He had no means of support and as a consequence committed various offences typical of a person in his circumstances.
14 The applicant commenced drinking alcohol and taking illegal drugs soon after he arrived in Australia. He reported to Dr Nielssen that he had developed a habit of drinking up to twenty standard drinks per night. He commenced taking amphetamines and ecstasy.
15 The applicant was seen by Dr Misrachi in July 2005 at which time he reported hearing voices. Dr Misrachi formed the view that the applicant was suffering from a severe psychiatric disorder, probably a gradual onset of schizophrenia of the paranoid type. Dr Misrachi prescribed anti-psychotic medication. Dr Misrachi was of the opinion that the applicant was suffering from post-traumatic stress disorder, alcohol dependency, poly substance abuse and a personality disorder with narcissistic and border-line personality traits. In August 2005 the applicant was admitted to the St John of God hospital in Burwood to undertake an intensive rehabilitation program. However within a short time he left the premises and consumed alcohol which resulted in his immediate discharge.
16 In about September 2005 the applicant, who had been arrested on other matters, was released on bail to the Bridge Program from which he was discharged in October 2005 because it was considered that his psychiatric difficulties made him unsuitable for the program. He commenced working with Mr Bitel's firm but over time his psychiatric condition deteriorated. He was admitted to the Prince of Wales mental health unit on at least five occasions. He was drinking heavily and was only partially compliant with his medications. By January 2007 Dr Misrachi concluded that he was clearly psychotic with persecutory delusions. He was admitted to Mosman Private Hospital where he commenced on fortnightly injections of anti-psychotic mediation together with oral medications.
17 By 22 October 2008 Dr Misrachi noted a significant improvement in the applicant's mental state. He had significantly reduced his alcohol intake and had maintained his oral medications as well.
18 The applicant was diagnosed by Dr Misrachi as suffering from schizophrenia, post traumatic stress disorder with the subsequent development of a panic disorder. Dr Nielssen diagnosed him as having a psychotic illness, probably schizophrenia, and probably post traumatic stress disorder and alcohol dependence and abuse. Dr Allnutt took the view that the applicant suffered from a chronic psychotic disorder, possibly schizoaffective disorder or schizophrenia.