Shayan Badraie, now aged 10, is suing the federal government over the two years he spent in immigration detention at two detention centers, from March 2000 until 2002. Fleeing religious persecution in Iran, Shayan was five years-old when he and his parents were detained at Woomera after arriving by boat in March 2000.

The boy’s legal team told the NSW Supreme Court the boy developed post-traumatic stress after being exposed to violence, riots and acts of self-harm at the detention centres. Shayan’s lawyer Dr. Andrew Morrison told the court, that federal government knew for months that Shayan was suffering a serious psychological disorder because of the conditions of his detention, yet nothing was done to arrange for proper psychiatric treatment and evaluation. Instead, Shayan remained in detention at Woomera and Villawood - and was later placed in foster care - against expert medical advice.

According to Dr. Morrison “This case is not about the policy of mandatory detention, It is about the way in which it was carried out and the permanent injury inflicted on a young child by a regime which failed to provide for his medical needs.The defendants continued to disregard his welfare even after told by competent and independent medical practitioners of the harm being done to him”.

They are seeking compensation from the government and the detention centre operators, Australasian Correctional Services and its subsidiary Australasian Correctional Management, claiming they are liable for the 10 yr old’s psychological suffering.

Some facts and stats regarding illegal immigrants in Australia - As per DIMIA website.

1. Australia’s Migration Act 1958 requires that all non Australian citizens who are unlawfully in Australia be detained and,that unless they are given permission to remain in Australia, they must be removed as soon as practical. This practice reflects Australia’s sovereign right under international law to determine which non-citizens are admitted or permitted to remain in Australia and the conditions under which they may be removed.

2. The main nationalities of detainees since 2000 are: Afghan, Iraqi, Iranian, Chinese, Indonesian, Sri Lankan, Palestinian, Korean, Vietnamese and Bangladeshi.

3. A wide range of services is provided at each detention facility, which contribute to detainee development and quality of life. These include:
-24 hour medical services
-dental services
-culturally responsive physical and psychological health services
-educational programs for adults and children, including English-language instruction. In most facilities, the majority of school-aged children attend government or non-government schools in the community during school term.
-cultural, recreational and sporting activities
-religious services, and
-availability of telephones, newspapers and television and unlimited access to chilled water, tea, coffee, milk and sugar.

4. Immigration detention is subject to regular scrutiny from external agencies such as the Human Rights and Equal Opportunity Commission, the Commonwealth Ombudsman, the United Nations High Commission for Refugees and the Immigration Detention Advisory Group to ensure that immigration detainees are treated humanely, decently and fairly.

5. Australia has experienced an influx of boat people, mainly from the Middle East, a region where people smuggling networks are operating.

6. Established smuggling routes are known to exist in Amman and Bangkok. These ports facilitate movements out of the Middle East and North Africa.

7. It costs the Government on average $50,000 for every unauthorised arrival by boat from the time of arrival to the time of their departure from Australia.

8. In 2000-01 there were 54 unauthorised boat arrivals carrying 4,141 people.

While going thru the DIMIA website, this is what i found. It just proves Indian government officials are not the only one slacking at work. Take a look at this :

Here the total number of children in Villawood detention center is wrongly given by adding the Total of Men and Women residing in the same center. Therefore the Total number of person in Immigration detention center is wrong.

I have mixed feelings on this issue, and here are my reasons :

1. Shayan’s case on humanity grounds does strike an emotional cord and i do feel that the Australian government should have taken the necessary steps to help the child.

2. Refuge’s should be given a fair trail and allowed to live in the socitey.

3. But then, the question arisis as where should the government draw a line. Bringing in Refuges will only add financial burden on the economy and the tax payers, till the excepted Refuges are properly settled.

4. For example, would India except boat loads of immigrants from Sri Lanka and Bangladesh, year after year?

In practicality, is there a method to achieve a correct balance between human rights and border protection?