Hakeem al-Araibi, the football player wrongfully detained in a Thai prison, is suing the australian government for negligence and breach of duty of care. In a statement of claim lodged to the supreme court of Victoria, al-Araibi ’ sulfur lawyers allege he suffered injury, loss and damage, including post-traumatic stress disorder, alteration perturb, and lost income as a leave of his 77-day captivity. The Bahraini, who was tortured in his native country and subsequently fled to Australia in 2014, was granted refugee condition in 2017. He was granted australian citizenship in March 2019, after his turn following a big campaign led by the former Socceroo Craig Foster.

Al-Araibi was detained at Bangkok ’ s Suvarnabhumi airport on 27 November 2018 en route to a honeymoon with his wife. Thai authorities had acted on an disable Interpol crimson detect issued by Bahrain for his extradition. Interpol by and by cancelled the crimson notice, which can not be issued against a refugee by the country from which they fled. But a serial of bureaucratic bungles within Australia ’ s base affairs department meant that by the time australian authorities had confirmed al-Araibi ’ second refugee condition he was already in prison and Thailand, which is not a signer to the Refugee Convention, moved forth with Bahrain ’ s extradition request. It is silent al-Araibi is being represented pro bono, having been referred by Refugee Legal, and has high-profile advocate Jack Rush QC on control panel. The statement of claim, lodged by law firm Holding Redlich on behalf of al-Araibi and obtained by Guardian Australia, alleges he would never have been detained were it not for the australian government ’ s “ negligence and breach of duty ” in failing to inform him about the crimson notice and that he was at gamble of apprehension if he travelled internationally. It says the commonwealth had a duty of care “ to not share information ” about al-Araibi ’ s travel plans with Bahrain or Thailand “ which may endanger the refugee or put the refugee at risk of persecution in another state ”. It alleges the australian Border Force, Australian Federal Police and Department of Home Affairs were alerted to the red detect on around 9 November 2018 – eight days before he travelled. “ On around 22 November, 2018, the ABF loaded the red notification onto a central campaign alert list, ” the writ states. “ At no fourth dimension anterior to 27 November, 2018, did any officer of the defendant alarm Interpol that the crimson poster met the criteria of the Interpol refugee policy and so is invalid and should be cancelled. ” Quick Guide

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Was this helpful ? Thank you for your feedback. The writ states al-Araibi, who plays for priggish NPL 2 club Pascoe Vale, worked as a carpenter and an Uber driver before his detention and suffered a loss of income during his about three months behind bars, and that he has since incurred aesculapian expenses including for adjustment disorderliness with anxiety and post-traumatic stress disorder. “ The plaintiff was in a position of extreme vulnerability, being a person with a tenable fear of persecution by the Bahrain government, a confirmed refugee and unaware of the red poster, ” the writ states. “ By accepting the plaintiff ’ s refugee condition and issuing the refugee visa, issuing the CTD travel document, processing the ned notice, allowing the plaintiff to leave Melbourne airport to travel to Thailand, failing to inform the plaintiff of the crimson notice thus that he was ineffective to protect his own interests, the defendant took on a place of province for the plaintiff ’ mho social welfare. ” Foster, the driver of the external # SaveHakeem campaign, said the affirmation of claim “ makes authorize the caravan of transgressions ”.

“ Although a refugee, he was put at dangerous risk and ultimately subjected to 77 days of captivity and associated after-effects, ” Foster said. “ It could have been much, much worse if not for the actions of the Australian community. “ I have seen first-hand the fiscal and career impacts of that prison term, and no doubt the psychological and emotional scars will take a long time to heal, if at all. The agencies failed him and his wife in their duty of care. thankfully the australian people did not. As important is that it doesn ’ thyroxine happen to anyone again. ” Home affairs and the AFP declined to comment .