Christmas Island is about 2650km from Perth, but only 350km from Indonesia. It does not feel like part of Australia—in fact, Australians are asked to present their passports on arrival....I recently visited Christmas Island to seek instructions from my clients at one of these camps. Gaining entry was not straightforward: the Department dictated terms of access, the legal basis for which was dubious to us. On arrival, the pediatrician accompanying me was denied access without adequate explanation, despite the Department agreeing beforehand to her visit, on notice that it was for legal purposes. Given the remoteness of the camp and the difficulty in simply getting there, we were not able to challenge any of this. I had to meet my clients in cramped interview rooms. We huddled over faulty departmental telephones to interpreters. We could not turn the air-conditioner on despite the stifling humidity, because the noise made it impossible to speak on the phone. Restless babies had to be brought in because they could not be away from their parents. The interview rooms had floorboards rotting from rain which had leaked through the windows. These were the conditions under which I had to obtain instructions. Mental Ill-Health: What was clear though was that every one of the dozens of clients I saw suffers from severe physical or mental health problems, or both. In many cases, the Department’s own contracted doctors and nurses identified symptoms long ago. In these camps, the sleeping quarters have little or no natural light, with two people bunked in a space of maybe 10m2. There is little privacy. A constant security presence watches every movement. The stone-covered ground is totally inappropriate for babies to learn to walk or crawl. Conditions are cramped, with illnesses raging unchecked. I witnessed food—including baby food—being served past use-by dates. Many asylum seekers have been detained there for over a year, and are unable to make claims for refugee status because of changes to the law. Practically speaking, they are being held indefinitely....My client, known by the pseudonym ’A.S.’ to protect her identity, is bringing a class action against the Minister on her behalf and ( in general terms ) various others who have been injured in detention on Christmas Island. More fundamental than compensation, her case is ultimately about the rule of law. Complaints about the detention environment are one thing, but the lack of reasonable medical care is another. The current Immigration Minister Scott Morrison might object to Human Rights Commissioner Professor Gillian Triggs’ comparison of Christmas Island with Long Bay, but the Courts have used the jail analogy before. Separating Children From Parents: The authorities are clear: there is a non-delegable duty to provide medical and psychiatric care reasonably designed to meet detained asylum seekers’ health care needs. Asylum seekers, like prisoners, are unable to care for themselves. In a string of previous cases, the Commonwealth conceded as much. Yet many on Christmas Island have gone without urgently-required attention for months. Some are in need of urgent medical evacuation, but instead languish. A.S. has developed post-traumatic stress disorder, even though she is only six—an age at which she is meant to be innocently resilient. We say that Minister caused the PTSD by deliberately separating her from her mother. Not only that, the Minister has known about A.S.’s condition for months, and yet there is still scant evidence of proper treatment occurring....This is why A.S.’s case is so important. Christmas Island is not just about migration. It raises fundamental questions about the rule of law and the accountability of power. Even without the political overlay, as lawyers, trained about the fundamental importance of these matters, we should all be deeply concerned: lawyersweekly.au/opinion/putting-up-the-shutters?mid=abe60bbdbf&utm_source=Cirrus+Media+Newsletters&utm_campaign=e73d5264a4-Lawyers+Weekly+Newsletter+-+20141014091126&utm_medium=email&utm_term=0_fe913f1856-e73d5264a4-59269501
Posted on: Tue, 14 Oct 2014 21:51:12 +0000
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