iranian refugee wants compensation for stress

Herald Sun today

AN Iranian refugee who was detained after arriving in Australia has launched legal action for pain and suffering.

Siavash Mossavian, 32, spent four years and five months in detention before being released in April 2005.

He was granted a temporary protection visa and, later, citizenship.

But he alleges the Government breached its duty to him during his time in detention, resulting in physical, psychological and psychiatric harm.

In documents filed in the Victorian Supreme Court, lawyers for Mr Mossavian say these injuries include post-traumatic stress disorder, a major depressive disorder, anxiety, suicidal tendencies, and pain and suffering.

He wants damages and interest.

Mr Mossavian spent time at the Curtin, Port Hedland and Baxter detention centres after arriving in Australia in 2000.




Australasian Correctional Services and GSL operated the centres, according to court documents.

Mr Mossavian claims that the Commonwealth breached its duties because:

IT was reasonably foreseeable that the way in which the centres were operated exposed him to the risk of injury or harm.

FAILURE to devise, implement and monitor systems and policies in place at the detention centres would have an adverse impact on his health.

FAILURE to provide adequate medical facilities and treatment would expose him to the risk of injury.

Mr Mossavian declined to comment yesterday.

Crime Victims Support Association president Noel McNamara said people who suffered a total disability as a result of crime were not adequately compensated, and it was ridiculous that someone should seek damages over their time in a detention centre.

"It's a great cheek. We have a habit of pandering to these people," he said.

"We welcome them, do the best we can by them, and they throw dirt in our faces."

David Manne, executive director of the Refugee and Immigration Legal Centre, said it was impossible to comment on the specifics of the case, but there was a wealth of evidence that indefinite and prolonged detention of asylum-seekers could cause enormous stress and damage.

"It has caused severe physical and psychological trauma to people. That's well documented," he said.

"Under the laws of this land, everyone has the right to seek compensation for harm they believe has been done by the government or any other person.

"Everyone should be on equal footing before the law in Australia."

An Immigration and Citizenship Department spokesman said the Commonwealth had not received a writ and could not comment.

The writ is yet to be served.