A group of people who were detained as children and accused of people smuggling will receive more than A$27 million (US$18.35 million) compensation from the Commonwealth.
The Federal Court has signed off on a settlement between the Commonwealth and a group led by Indonesian man Ali Yasmin, who himself will receive A$40,000 (US$27,178) from the agreed sum.
Mr. Yasmin led the claim on behalf of himself and other Indonesian children who alleged they arrived in Australia unaccompanied over six years between 2007 and 2013.
He was sentenced in 2010 to five years’ prison, to be served in a maximum security prison in Western Australia, despite being 13 at the time of his arrest.
He was released and deported in 2012.
In their lawsuit Mr. Yasmin and the group members said they were born and raised in remote coastal fishing communities in conditions of poverty, with a low level of education and little or no English language ability.
It was alleged they boarded smuggling boats as children unaccompanied by any legal guardians and were told they would be paid to work as a crew member.
When boats were intercepted they were transferred to Christmas Island for immigration processing.
The group has previously been reported as including more than 100 people, but registrations for membership have been extended until December 2024.
The group alleged they were investigated for alleged people smuggling offences, and detained by the then-Department of Immigration and Citizenship and Australian Federal Police.
Mr. Yasmin said he and other group members told the Department of Immigration and Citizenship that they were under 18, but in each case were told their appearance was inconsistent with being a minor.
He alleged he and other group members were incorrectly assessed by the Commonwealth to be adults, on the basis of unreliable wrist X-rays.
He contended the Commonwealth knew wrist X-rays were not a reliable way to determine a person’s age.
The method has since been discredited.
Each member of the group was then charged, indicted, prosecuted, convicted and/or imprisoned in adult correctional facilities for those offences, it was alleged.
The settlement, signed off on Dec. 22 by Justice Christopher Horan, was agreed to by the Commonwealth without any admissions of wrongdoing or liability.
The Commonwealth specifically denied the unlawful detention, claiming it was authorised and required by the Migration Act.
It also denied it owed the duties of care alleged by the group, or that it breached those duties.
The settlement agreement as a whole was found by Justice Horan to be fair and reasonable, and in the interests of group members as a whole.
The initial proposed settlement would have seen Mr. Yasmin receive $100,000 but Justice Horan reduced that figure to $40,000 finding the original amount was not fair or in the interests of the group members as a whole.
Another A$2.5 million (US$1.7 million) was approved to cover legal costs.
