A High Court ruling has cleared the way for people unlawfully held in Australia’s immigration detention system to pursue justice for the harm they suffered, with refugee advocates describing the decision as a major development for former detainees.
The High Court on Thursday rejected an attempt by the Commonwealth to avoid liability for the false imprisonment of Safwat Abdel-Hady after the government admitted his detention between 28 July 2022 and 13 February 2024 was not authorised under the Migration Act.
The case, Abdel-Hady v Commonwealth of Australia, centres on whether the Commonwealth could limit its responsibility after conceding the detention was unlawful.
The Asylum Seeker Resource Centre (ASRC) said the ruling extends beyond one individual case and reinforces the principle that governments cannot unlawfully deprive people of their liberty without accountability.
Australia’s immigration detention system has long been the subject of legal, political and human rights debate, particularly around the detention of refugees and people seeking asylum. Critics have argued that prolonged and indefinite detention has caused lasting physical and psychological harm, while successive governments have defended the system as part of Australia’s border protection framework.
ASRC Deputy Chief Executive Officer Jana Favero said the decision represented an important moment for people who had spent years in detention.
“Today’s decision was a critical step towards justice for people who have had years of their lives taken from them by Australia’s immigration detention system.
This is a significant outcome, because it paves the way for people to finally access justice for the cruelty inflicted on them. We have always said that indefinite detention is harmful and comes at the cost of people’s health, their mental health,and their wellbeing. Families have been separated and people are still living with the consequences of having years of their lives stolen from them.”
Favero said the impact of detention extended beyond the loss of freedom and included lasting trauma experienced by many former detainees.
“This decision is not just about the years that have been taken from people, it is also about the harm that has been done to them during that time. It is about the trauma that has been inflicted on them in the detention environment – the use of restraints including body belts and handcuffs, medical neglect, and having every moment of their lives controlled by security guards.”
The organisation said many people detained under Australia’s immigration system had experienced mental health deterioration, family separation, isolation, self-harm and inadequate medical care.
Favero said people seeking protection in Australia had often been subjected to a system that removed their freedom and dignity.
“People who came here seeking protection have been and in many cases, still are subjected to a system that stripped them of freedom, dignity and hope.
No government should be able to unlawfully detain people and then walk away from the damage it has caused. People who have survived years of detention deserve justice, accountability and the chance to rebuild their lives in safety and dignity.
The lesson from this case is clear – this harm should never have been inflicted, and the government must ensure it never happens again.”
The ruling is expected to have implications for other people who were detained unlawfully and may seek compensation through the courts, adding another chapter to the ongoing debate over Australia’s immigration detention policies and the treatment of refugees and asylum seekers.
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