After a six-year battle to hold the government to account for failing to provide adequate medical care on Nauru, the Federal Court issued judgments approving two settlements for two children whose health had been compromised whilst they were detained offshore.
The National Justice Project has welcomed the judgments.
The confidential settlements, which protect the identity of the children and their families, are a major win for the families and set a strong precedent for other cases that the National Justice Project have been pursuing.
In the first matter, the court heard the child’s claim for the significant diagnosed mental health disorders he experienced and that the treatment he received in off-shore detention was inadequate. His family arrived in Australian waters by boat in July 2013 and were detained on Christmas Island before being transferred to a Regional Processing Centre on Nauru a year later. Over the next two years they were held in various locations between Australia, Papua New Guinea and Nauru. They were not moved to community detention in Australia until October 2018 when the court ordered them to be transferred for medical treatment. Read the judgment here
In the second matter, the family also arrived in Australia waters in July 2013, and the court heard the child’s claim that the government had failed to protect him from unreasonable risks of harm, including psychological harm, following his relocation from Christmas Island to Nauru. They also failed to provide appropriate medical treatment and reunification with his father who was transferred separately to Australia in June 2016. Father and child were kept apart for more than 18 months and it was alleged the son manifested symptoms of psychological injury during this period. Read the judgement here
Both matters are part of a large cohort of similar proceedings which were delayed by the Commonwealth Government when it challenged the Federal Court’s jurisdiction to hear the cases. Of the cohort, 45 cases are being run by the National Justice Project and over several years we have been progressing them through evidentiary and discovery processes to prepare for mediation and trial.
Principal Solicitor Emma Hearne said the Court’s settlement approval was the result of many years of work by our dedicated team of lawyers.
“Seeking financial compensation for our clients deters the government from inflicting abuse and neglect upon refugees in detention again, obliging them to abide by the duty of care our clients allege they owe,” Ms Hearne said.
“We hope to drive systemic change through the Australian legal system so no refugee will ever have to endure such horrific mistreatment again. These cases are critically important as the government continues to argue they don’t owe a duty of care to any of the people they have sent to Nauru. After the Morrison Government revoked the Medevac law, this principle is the only legal mechanism still available to protect the health and welfare of the people seeking asylum,” she said.
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Media coverage
- Landmark settlements for children detained in Nauru
Australian Associated Press, 10 September 2024
