‘Dreaming of sunlight’: federal court to hear refugee’s claim of unlawful imprisonment in Melbourne hotel detention

A refugee detained for greater than a yr in two Melbourne accommodations has spoken out in regards to the enduring trauma of his ordeal, saying the nightmare of his extended illegal detention left him “dreaming of daylight”.

The federal court docket will on Tuesday start listening to a case introduced by Mostafa “Moz” Azimitabar in opposition to the Australian authorities, during which he alleges he was unlawfully detained for 15 months in Melbourne’s Park and Mantra accommodations.

The federal government has used accommodations as different locations of detention (Apods) to carry refugees and asylum seekers whereas they endure medical remedy, after being transferred from offshore detention centres.

The most recent figures present 112 folks, together with 29 of what the federal government describes as “unlawful maritime arrivals”, have been detained in Apods in March this yr, although not all of them have been held in accommodations. Some have been detained for greater than two years.

Azimitabar’s case alleges he endured ongoing trauma on account of illegal detention.

“Many individuals take into consideration shopping for a home, flying to Europe, visiting their associates,” he mentioned on the eve of his listening to. “My dream was receiving daylight. One thing that people who find themselves free, they by no means give it some thought. They've this stunning reward, they'll stroll they usually have daylight. I used to be dreaming of this.”

Azimitabar, a Kurdish musician, fled persecution in Iran and was held in Australia’s offshore detention regime in Papua New Guinea for greater than six years. He was significantly sick and delivered to Australia underneath the medevac legal guidelines for remedy in Melbourne.

Azimitabar was detained within the accommodations between 11 November 2019 and 21 January 2021, initially within the Mantra for 13 months, then the Park.

Within the Mantra, he was a minimum of in a position to put his hand out of a small window. However the Park resort had solely darkish glass going through a cement wall. Azimitabar likened it to “an invisible jail”, the place he may neither wave to folks exterior nor see bushes.

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Azimitabar had extreme bronchial asthma and was struggling to breath even earlier than he was transferred to Australia. With out recent air, his well being deteriorated whereas in resort detention. He mentioned he was repeatedly searched and dealt with by guards and was handled as a harmful felony, who had no rights.

“I'm a really delicate individual. I don’t perceive why each time I used to be transferred for medical remedy, they did pat-searches of my physique and locked me up in a room,” he mentioned. “I nonetheless can't perceive why it occurred. And it occurred within the identify of ‘good Australia’.”

Amnesty Worldwide is supporting Azimitabar’s case.

Amnesty’s impression director, Tim O’Connor, mentioned the federal court docket case was targeted solely on the circumstances of Azimitabar’s detention within the accommodations. He mentioned the resort detention compounded the “deprivation of hope” attributable to necessary detention and the traumas he endured on Manus Island.

“It had a very dire impression on him,” O’Connor mentioned. “The room they put him in was subsequent to the smoking room, there wasn’t good air flow, and he lived for a big time period the place he couldn’t get out in any respect, he was locked up inside 24 hours a day.”

Azimitabar is now dwelling in the neighborhood and mentioned he was attempting to study to deal with what he had been by means of.

“It’s necessary that I've my human rights. However I don’t obtain it the way in which they only pointed at me [and said] ‘you don’t have rights, you might be unlawful, you might be harmful’,” he mentioned. “The best way I obtained this sort of picture from the politicians who locked me up there, it’s related to trauma. They're hurting me with this.”

The house affairs division has beforehand mentioned it was conscious of the declare lodged by Azimitabar however “because the matter is earlier than the court docket it might be inappropriate to remark additional”.

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