iranian family hits the jackpot

'Landmark' payout to pave way
From: AAP
March 03, 2006
A $400,000 federal government compensation payout to an 11-year-old Iranian boy has been described by his lawyers as a "landmark outcome".

The New South Wales Supreme Court today approved the compensation offer to Shayan Badraie who sued the immigration department on the grounds he was psychologically harmed while living at Woomera and Villawood detention centres between 2000 and 2002.
After months of hearings, the boy's lawyers accepted an out-of-court settlement offer yesterday of "$400,000 by government solicitors", a spokeswoman for legal firm Maurice Blackburn Cashman said.

Justice Clifton Hoeben secured the compensation in law during a brief hearing in the NSW Supreme Court.

The court also was told the family, who live in Sydney, have been granted permanent Australian residency visas.

Outside the court, lawyers for the boy said the payout was a "landmark outcome" that could pave the way for more claims from other detainees in similar positions.


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Lead lawyer Rebecca Gilsenan said it was about time the Government took responsibility for the consequences of keeping children and families detained in brutal circumstances.
"The Government should not have detained innocent children that way – now the Department of Immigration has to face the consequences," Ms Gilsenan said.

Shayan was in detention between the ages of five and seven, Ms Gilsenan said.

He developed post-traumatic stress disorder, which resulted in numerous times in hospital when he refused to eat, drink or talk.

The boy witnessed traumatic events such as suicide attempts, self-harm and abuse, in both detention centres.

Ms Gilsenan said the Commonwealth now was obliged to pay the legal costs the Badraies incurred in bringing their case to court.

She said their costs for the 13-week trial could total more than $1 million.

Ms Gilsenan then read a statement from the family, saying the money would help with their son's medical costs.

"We are very relieved that the government has finally taken responsibility for what happened to our son in immigration detention," the statement said.

"We came to Australia seeking protection and a peaceful life.

"It broke our hearts to see our son so sick because of what he saw in immigration detention camps.

"No amount of money can give our son back his childhood.

"But it will help us to get the educational and medical assistance he needs to recover from what happened."