Iranian-born refugee Payam Saadat’s legal action over detention centre treatment dismissed

An Iranian-born refugee experienced some of his “blackest, worst days” living in immigration detention when he arrived in Australia 25 years ago. Now, a court has ruled on whether or not he can sue the government.

An Iranian-born refugee, Payam Saadat experienced some of his “blackest, worst days” living in immigration detention when he arrived in Australia 25 years ago.

Held in detention centres for four-and-a-half years, he said he was treated more like a prisoner than a detainee, subjected to solitary confinement and often threatened by guards.

Two decades later, Mr Saadat launched legal action against the Commonwealth Government for the mental injuries he alleged he’d suffered from his time in detention.

His case was the first of dozens of immigration detainees who also made claims against the Federal Government as well as the private companies contracted to run the detention centres.

But in a Supreme Court ruling on Friday afternoon, after four years of legal proceedings and a 154 day trial, Justice Tim Stanley dismissed Mr Saadat’s claim. 

Payam Saadat leaving court after his case was dismissed.

Mr Saadat had tried to sue the Commonwealth Government for negligence over his detention in centres at Curtin and Baxter. Picture: The Advertiser

On arrival in Australia, Mr Saadat was first taken to Darwin before being transferred to Curtin Immigration Reception and Processing Centre in the Kimberley region of Western Australia in December 2000. He was moved to Baxter after it opened in 2002.

Mr Saadat did not dispute his detention, which he agreed was lawful, but, during the trial, the court heard it was “a cause of his mental injury or the sole cause” of the illness which he continues to suffer.

Mr Saadat was tortured, imprisoned and physically abused in his homeland because of his religious beliefs. He fled to Indonesia where he boarded a boat and endured a traumatic journey to Australia.

The court heard that, given Mr Saadat’s background, the Commonwealth were “on notice” that he was a vulnerable person and “should have treated him more carefully”.

Through his lawyer Hugh Abbott SC, Mr Saadat said the issues at the detention centre included the harsh desert weather conditions, overcrowding, barriers to arrange for visitors and guards treating detainees like prisoners rather than detainees.

Documents previously filed with the court had revealed Mr Saadat was subjected to solitary confinement, 24-hour fluorescent lighting and threats from guards during this time in detention.

Outside court after the ruling on Friday, Mr Saadat said he could only describe his time in detention as some of the “blackest, worst days” of his life.

“It has been very difficult, but this is the Judge’s decision. I am disappointed,” he said.

“It was the worst time in my life, I still have a lot of worry from it. It was the blackest part in my life. The worst time in my life. I lost a lot of things. My youth, my future, everything.

Lawyer Mal Byrne SC speaks after the hearing.

Payam Saadat leaves the Supreme Court. Mr Saadat is suing the Commonwealth Government for negligence over his detention in centres at Curtin and Baxter. Picture: The Advertiser

“I have to move on. This is my life and I have to move on but I don’t know how to. I didn’t expect this result, but it happened.”

His solicitor, Mal Byrne SC said he would take some time now to consider an appeal.

“His claim was dismissed, so we will take the time to review the Judgement and we will consider an appeal,” he said.

“We will continue to stand by Payam, and try and help him navigate his way through this difficult journey.”

Originally published as Iranian-born refugee Payam Saadat’s legal action over detention centre treatment dismissed