Asylum Seeker Unlawful Detention Class Action
Ken Cush & Associates act on behalf of the lead Applicant, DBE17, a minor represented by his litigation guardian Sister Brigid Arthur. DBE17 is a 12 year old refugee who has been a resident in Australia since his birth in immigration detention. By this proceeding, he seeks compensation for his protracted period in immigration detention by reason that it was beyond lawful authority.
DBE17 claims that he and potentially around 42,000 group members were unlawfully detained by the Australian Government because they were required to be taken to Nauru or Papua New Guinea, which was not reasonably practicable or capable of fulfillment, or they were taken to those places but not as soon as reasonably practicable.
If you were placed in immigration detention by the Australian Government for a period exceeding two working days between 27 August 2011 and 29 May 2025, you may be eligible for compensation.
In 2017, the Applicant first issued his proceeding in the Federal Court of Australia seeking damages for false imprisonment with assistance from his previous solicitors. In October 2021, he discontinued his claim. In May 2025, the Applicant sought assistance from our firm in reinstating his original proceeding and, if leave were to be granted to reinstate the original 2021 proceeding, to seek the Court’s leave to continue with his claim in an amended form.
The amendments which the Applicant now seeks to make expand the group definition by reference to the time period in which detention is covered; add a claim on behalf of those similarly situated to the rest of the group, but who were detained prior to the instruction of Section 198D of the Migration Act and to seek declaratory relief, as a means of providing vindication for the unlawful deprivation of the right to liberty.
You can read our proposed Statement of Claim here.