Refugees whose lives have been irreversibly damaged by unlawful detention are hopeful that justice may finally be on the horizon with a significant High Court hearing taking place in Canberra today.

The High Court will hear two cases, including an intervention by ASRC’s Human Rights Law Program (HRLP), which challenge the constitutional validity of detaining people where they are recognised as refugees and where there is no prospect of their removal.

If these arguments are accepted by the Court, it is a substantial step toward justice for refugees who have faced detention and forges a strong path for ASRC’s class action for South Sudanese refugees. The class action seeks immediate release for those found to be refugees who are still detained, recognition of the injustice done and compensation as acknowledgement of the isolation, medical neglect and trauma of detention which will have lasting impacts on their families’ lives.

ASRC’s lead plaintiff in the class action is LPSP, a South Sudanese father of two who arrived in Australia at the age of 12 on a permanent humanitarian visa and has lived here for over 20 years. Despite the UNHCR’s advice that all people from South Sudan should be recongised as refugees, it took years for LPSP to finally receive refugee status from the Australian Government. He was detained for 1,192 days after the Government determined he was owed protection and was only released in March this year after significant legal action.

Like other refugees who’ve been torn apart from their families, subjected to abuse and deprived of dignity while unlawfully detained, LPSP is now struggling to rebuild his life. He  says that “detention changes your life in ways that are hard to fix, from missing out on your kids growing up to seeing things no one should have to”.

South Sudanese community leaders, clients, mothers and family members have spoken with ASRC at length about the far-reaching repercussions of false imprisonment. Without adequate support and continuing to suffer from trauma, they struggle to find employment, secure housing, and build a future. One mother of a young man unlawfully detained said: “detention has stolen his spirit, his hope, and his future”.

More information on ASRC’s class action

Quotes attributable to:

Hannah Dickinson, ASRC’s Principal Solicitor
“Immigration detention must not be sanitised. It means being wrenched from your home, your family, your community; it means being locked in abhorrent conditions, every single day fearing return to unimaginable harm and never seeing your loved ones again. It means missing out on years, even a decade, of life, as your health deteriorates. It means wondering why you are treated differently to others in your community.

“The Australian Government does this to people simply because they are not citizens, and for political convenience. We would not tolerate this happening to Australian citizens and we should not tolerate this happening to anyone in our community – we all deserve to be treated equally before the law.”

Awatif*, Mother from South Sudan whose son was held unlawfully in detention
“My son was once a bright, helpful young man. My heart aches every day as I watch him suffer. He was released last year after spending seven years in detention, but he is still subject to strict conditions including curfew.

“Detention has stolen his spirit, his hope, and his future. He’s not alone – this is the heart-breaking reality for countless young people in our community. Many mothers like me are desperate. We need your help to advocate for change, to demand compassion, and to provide the support our children desperately need. Please, listen to our cries and join us in the fight for justice.”

Jana Favero, ASRC’s Deputy CEO
“ASRC’s intervention is about justice for our clients and the hope they will be able to rebuild their lives in safety and dignity. Not only have they experienced trauma and violence, they’ve  experienced separation from family and community and been deprived of participation in the workforce, in education and in community.

“Regardless of the outcome at this High Court hearing, the ASRC will continue to seek justice for people whose lives and freedoms have been breached time and time again.”

Bol Aweeng Machar, South Sudanese community leader and lawyer
“The issue of indefinite detention of many South Sudanese has been devastating specifically to those being detained for so long and their families. People have been isolated from their families and the community indefinitely. Some of those members have already developed mental health problems due to the uncertainty of  their freedom and how their future will look.

“Parents and the community are struggling to get a clear answer from the Government in relation to the future of their family members. Their isolation and detention for many years has had a serious impact on them, their families and the community as a whole.”

Ambrose Mareng, South Sudanese community leader and founder of  SUDD
“The indefinite detention of young people has had a devastating impact on the lives of hundreds of South Sudanese community members. People have mentally suffered, been socially isolated and systematically neglected. We have had some people released from detention, but they have been struggling to reintegrate into the community and rebuild their lives as there have not been any monetary compensations or rehabilitation efforts by the government.”

*Pseudonym used to protect family members from being identified