A former immigration detainee, who was freed from indefinite detention after a High Court ruling determined it was unlawful, has lodged a writ in the West Australian Supreme Court to sue the Commonwealth for false imprisonment.
The 46-year-old Iranian man had been jailed, then held for about 18 months in detention because he could not be deported back to his country of origin after time served in prison.
A writ was lodged just days after the federal budget was handed down, in which the government allocated $5.6m to cover legal costs that arose from the High Court’s decision.
Solicitor general Stephen Donaghue said if indefinite detention was ruled unlawful then lawsuits from detainees would be inevitable.
The issue has become a burden for the federal government, which has faced continued scrutiny after one of the detainees released after the High Court ruling was involved in a violent home invasion.
Kuwaiti-born Majid Jamshidi Doukoshkan was recently charged for his alleged involvement in the brutal bashing and burglary of an elderly couple in Perth, Ninette and Philip Simons.
Mr Jamshidi Doukoshkan has been remanded in custody to face court again in June for a string of offences resulting from the incident.
The 43-year-old, was also accused of breaching his curfew – one of the strict visa conditions placed on the cohort, was not wearing an ankle monitor at the time.