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Ken McGregor
The Advertiser
August 23, 2012
ABUSED asylum seekers are being paid an average of $160,000 in compensation, up 60 per cent for each individual in the past two years, Immigration Department figures show.
Adelaide law firm Tindall Gask Bentley has 40 pending cases that could lead to millions more being paid out.
In the week since Parliament passed laws to reopen offshore processing on Nauru and in Papua New Guinea, the firm has signed another four claimants.
Law firms in Sydney and Melbourne also have recorded a rise in cases, some of which are linked to time spent in Nauru.
The claims range from incidents alleging forced solitary confinement for 23 hours a day for as many as four weeks after suicide attempts, to physical abuse.
TGB managing partner Morry Bailes said detainees were being diagnosed with post-traumatic stress syndrome, major depressive disorder and schizophrenia.
"The use of restraints in detention centres has also caused physical injuries, particularly wrist, back and shoulder damage," he said.
The firm says it is expecting hundreds of new cases to begin flowing through its books in the near future.
Immigration Department figures show that from July 1 last year to June 30 this year, the Federal Government paid out $2.1 million, excluding legal costs, in compensation to former detainees.
All of those claims relate to pre-2007 incidents, and are for a combination of personal injuries or the unlawful detention of 13 former detainees who each were paid on average about $160,000.
Between June 2008 and June 2010, about 50 former asylum seekers were paid $5.4 million in compensation payouts for injuries they suffered while in detention.
The average payout in that time was $100,000.
Refugee Action Collective spokesman Ian Rintoul said the former detainees were entitled to compensation.
"And the success rate of the claims against the department is in line with the scale of mistreatment at the centres," he said.
A spokesman for Immigration Minister Chris Bowen said the Government was increasingly trying to deflect refugees towards community care rather than detention.
An Immigration Department spokesman said the claims were paid out when it has been determined there is a "risk" a court may rule the Commonwealth negligent.
Meanwhile, the navy has intercepted two vessels carrying more than 100 people off northwestern Australia.
Home Affairs Minister Jason Clare said patrol boat HMAS Bathurst, operating under the coordination of the Australian Maritime Safety Authority, intercepted one suspected irregular entry vessel east of Christmas Island.
Initial indications suggest there are 70 people aboard.
Patrol boat HMAS Bundaberg intercepted the second suspected irregular entry vessel northwest of Ashmore Islands on Wednesday afternoon.
Initial indications suggest there are 37 people aboard.
This second vessel was initially detected by a Customs and Border Protection Dash-8 surveillance aircraft.
"Border Protection Command will now make arrangements for the people from both vessels to be transferred to Australian government authorities at Christmas Island," Mr Clare said in a statement.
"At Christmas Island, they will undergo initial security, health and identity checks and their reasons for travel will be established."
Mr Clare said people arriving by boat without a visa after August 13 ran the risk of transfer to a regional processing country.
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