June 21, 2006 – 5:54AM, The Age.COM.AU
The federal government has agreed to pay a former immigration detainee $4,000 in compensation for breaching his human rights.
In a report tabled in parliament the Human Rights and Equal Opportunity Commission (HREOC) recommended that the immigration department apologise to the man, known only as Mr AV, as well as paying him $4,000 in compensation.
The immigration department has since given the apology and agreed to pay the compensation.
Mr AV claimed that soon after his arrival at Sydney's Villawood Detention Centre on September 8, 2004,, some security guards suddenly pushed him to the ground while he was having a conversation with a female staff member and twisted his arm until it was broken.
Some of the officers claimed that they had to restrain Mr AV because he was resisting his detention.
President of the Human Rights and Equal Opportunity Commission, John von Doussa, said it was also revealed during the inquiry that Mr AV was later restrained and searched in a holding room.
Mr von Doussa said he was unable to find that Mr AV's human rights were breached when his arm was broken because it was unclear whether he fell on his arm while the officers were attempting to restrain him and whether the force was unnecessary.
But he did find Mr AV's human rights were breached when he was restrained and searched in the holding room.
"I have, however, found that Mr AV's human rights were breached when he was bullied and intimidated in the holding room," he said.
"I am satisfied that the complainant experienced fear and humiliation and that it is appropriate that compensation be paid to him."
Mr AV was deported to his native India on September 22, 2004, where he remains.
Mr von Doussa has also recommended that the two officers involved in the incident in the holding room be given a copy of the report.
© 2006 AAP