Like all Australians, refugees who have been held in immigration detention have the right to claim compensation for injury or damage that they have suffered through the fault of another party. This means that, if a person has been wrongfully held in immigration detention, or has suffered injuries because they don’t receive an appropriate level of care or treatment while in detention, then they may be entitled to compensation for their losses.
Unless a person was mistakenly or unlawfully held in detention, it’s not possible to make a claim purely based on the fact that that they were detained. However, the government owes a duty of care to the people it does hold in detention – it must take reasonable steps to ensure the safety and wellbeing of each person that they detain. So, if a detainee suffers a serious injury because of something the government negligently did or failed to do while they were in detention, they may have rights to compensation.
Slater & Gordon acts for a number of former detainees in relation to physical and psychological injuries suffered as a result of negligent treatment while they were held in immigration detention, and has a number of lawyers with experience and expertise in this field.
You may be entitled to compensation in connection with being held in immigration detention if:
- you have suffered a diagnosed injury or harm due to negligent treatment during your time in detention; or
- you were wrongly or unlawfully held in immigration detention.
If you believe you might have rights to compensation arising from your time in immigration detention, you should speak to a lawyer as soon as possible.
Negligent treatment in detention
When the government chooses to hold someone in immigration detention, it has a responsibility to take reasonable care of that person’s safety and medical needs. If it doesn’t meet this standard and the person suffers injury or damage as a result, that person may be entitled to compensation.
A person who has been held in immigration detention may be able to make a claim for compensation if they can prove:
- that their treatment in detention showed a less than reasonable level of care, skill and expertise;
- that they have suffered some injury or damage; and
- that their treatment in detention was the cause of that injury or damage.
Claims for compensation in connection with treatment while in immigration detention can involve many complex issues, and will often require advice from lawyers who specialise in the field. If you believe you may have rights in relation to an injury you suffered, please contact us to obtain more specific advice.
Wrongful detention
If you can prove that you were mistakenly or unlawfully held in immigration detention, then you may be entitled to compensation for that period of wrongful detention. The legislation governing the immigration detention regime in Australia sets out clear restrictions on who can be held in detention, and the government has an obligation to act within the confines of this law. If you were held in detention unlawfully, you may be entitled to claim for any losses you have suffered as a result.
Claims for wrongful detention will require specialist legal advice, and will be subject to strict time limits, so you should seek legal advice as soon as possible.
How long do I have to make a claim?
Across Australia there are time limits within which you must bring a claim. It is very important that you seek independent legal advice at the earliest opportunity after your injury so that we can advise you about these limitation periods, the assessment process for claims in your state and to make sure your interests and rights are protected.
About us
Slater & Gordon has over 75 years’ experience in obtaining compensation for people who have become injured through no fault of their own.
If you believe that you have a claim for compensation relating to your time in detention and you would like more information about how Slater & Gordon can help you, please contact us either submitting an online enquiry or by calling direct on 1800 555 777.
Further Reading
1. Asylum - Four Corners, 20th October 2011
2. Living in the shadows of the lucky country - The Canberra Times, 8th October, 2011
3. Detainee's pay-out tipped to spark more claims - The Canberra Times, 8th October 2011