Asylum Seeker Settles Case Against Australian Government Over Handcuffs at Medical Appointments
An asylum seeker, known only by the name Yasir to protect his identity, has reached a settlement in his legal battle against the Australian government and security firm Serco. The Public Interest Advocacy Centre (PIAC), which represented Yasir in the three-year case, announced that the matter was recently resolved on undisclosed terms.
Yasir had been detained in various immigration facilities for about nine years, including on Christmas Island and mainland detention centers. According to the advocacy group, Yasir experienced torture as a child in his home country and was diagnosed with severe post-traumatic stress disorder. Handcuffs triggered his trauma, yet Serco guards routinely insisted on restraining him during offsite medical appointments.
The asylum seeker recounted the distressing impact of the handcuffs, saying, Even talking about or thinking about handcuffs makes me feel awful. I would have seizures, fall over, hit my head, and feel terrible for weeks. He expressed feeling dehumanized by the treatment he endured, adding, I feel embarrassed and like I am not being treated like I am a human when they hold my arms and walk (me) through the hospital.
In the Federal Court, Yasir’s legal team argued that the denial of access to essential medical care due to unreasonable handcuffing amounted to discrimination under the Disability Discrimination Act. They also contended that forcing Yasir to wear restraints for medical appointments violated Australian laws, as there are no provisions allowing authorities to preemptively use handcuffs on individuals in immigration detention.
Jonathan Hall Spence, the principal solicitor at PIAC, emphasized the unlawfulness and detrimental impact of Yasir’s treatment, stating, Yasir was put in an impossible position, where he had to choose between the trauma of handcuffing or being denied essential medical care. His physical health and mental health both suffered as a result. Hall Spence stressed the importance of treating individuals in immigration detention with dignity and care, highlighting the duty that Australia has towards these vulnerable individuals.
The Public Interest Advocacy Centre revealed that it is exploring the possibility of a class action lawsuit challenging the use of handcuffs on detainees in immigration detention centers. This case comes at a time when the issue of indefinite immigration detention is also in the spotlight, with the recent High Court ruling that such detention is unlawful. As a result of this landmark decision, 80 detainees have been released from indefinite detention.
While the settlement in Yasir’s case can be seen as a step towards justice, it underscores the need for continued efforts to protect the rights and well-being of asylum seekers held in Australian immigration detention. The outcome also raises questions about the treatment of vulnerable individuals in similar circumstances and the responsibility of private security firms engaged by government agencies.
The resolution of Yasir’s case serves as a reminder that the treatment of asylum seekers requires vigilance and accountability to prevent the infringement of their human rights. With ongoing discussions and potential legal actions, advocates are determined to champion the rights and dignity of those in immigration detention, seeking lasting reforms to the system.
