The Australian government has reached a settlement of over $17 million(A$27 million) in a major class-action lawsuit involving more than 120 Indonesians who were wrongly jailed as adults, despite being children at the time of their detention. The plaintiffs, some as young as 12 when detained, were held and, in some instances, prosecuted as people smugglers. The settlement, which is subject to final approval by the Federal Court, marks a pivotal moment in a decade-long legal battle.
The case revolves around the Australian government’s handling of individuals detained between 2009 and 2012 on Christmas Island and in Darwin after arriving in Australia on people-smuggling boats. The claimants assert they were deceived into boarding the boats with promises of well-paying jobs, unaware of their destination or their role in transporting asylum seekers. Under Australian law at that time, underage crew members were to be repatriated to their home countries instead of facing charges. However, the authorities relied on a discredited wrist X-ray analysis to determine the ages of these individuals and proceeded to incarcerate those they deemed older than 18.
Legal representatives for the plaintiffs expressed their satisfaction with the settlement, which they deemed a just outcome after a decade of legal struggle. Sam Tierney, one of the lawyers, stated, “It’s fair to say we’re delighted to have gotten this outcome…this has been 10 years in the making.”
This case adds to a series of lawsuits linked to Australia’s asylum seeker policies. Several wrongful detention lawsuits have been settled by the Australian government in recent years, highlighting systemic issues in the treatment of refugees and asylum seekers. In 2017, a compensation payout of A$70 million was agreed upon for nearly 1,700 refugees and asylum seekers who were unlawfully held in precarious conditions on Manus Island. Additionally, a separate case involving an Iraqi asylum seeker resulted in an A$350,000 settlement for being unlawfully detained for over two years in an immigration detention centre.
Despite the settlement, the Australian government has not admitted wrongdoing. The resolution brings a measure of justice to those wrongfully detained, shedding light on the challenges faced by vulnerable populations under Australia’s immigration policies. The final approval from the Federal Court is awaited before the settlement can be disbursed.
Kiki Garba
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