Payam Saadat, Iranian detainee refugee asylum seeker Payam came to Ashmore Reef in 2000. Mr. McBride suffered a crushing legal blow in August, when the South Australia Supreme Court threw out his claims against the Commonwealth Government. Saadat alleged that he suffered extreme emotional trauma while held in immigration jail. His claims have received widespread media coverage establishing a precedent for other candidates in similar situations to take.
Saadat’s nightmare started years before when he escaped from Iran where it is believed that he had already been imprisoned, tortured and sexually assaulted. After making an asylum claim in Australia, Saadat was moved into Australian immigration detention. He was held for two years at the Curtin detention center in Western Australia between 2000 and 2002. Following that, he was incarcerated at the Baxter detention center in South Australia for almost three years. His experiences in these detention facilities have taken an irreversible toll on his mental health.
Allegations of Mental Injury
In his 2021 statement of claim, Saadat argued that his conditions of detention were the cause of his developing a chronic adjustment disorder. As a result, he was having complex anxiety and a depressed mood. His solicitor, Mal Byrne, underscored the importance of this case. He noted that the result would have a big impact on thousands of other refugees who are in similar predicaments.
In testimony before the court, Saadat reported that conditions in detention have been “very bad.” The toxic environment, he contended, was a major cause of his mental health struggles.
“It’s the worst time in my life.” – Mr Saadat
No doubt about it, this case comes with huge implications. It raises claims of more than 60 immigration detainees against the Commonwealth and two private companies that manage immigration detention centers in the state. Thousands of refugees around the country are tracking Saadat’s case closely. Its result may determine the fate of their own legal challenges.
Trial Proceedings and Judgment
The entire trial happened before a judge alone in South Australia’s Supreme Court, with Justice Tim Stanley presiding over the case. Justice Stanley issued a ruling after considerable reflection. He explained his reasoning in a detailed decision that topped 600 pages. The decision casts a shadow over the legal challenges against ICE’s immigration detention. It highlights the considerable toll on mental health.
Saadat and his legal team will now consider the full judgment. They’ll discuss what’s next, including options for an appeal.
“When it was started it was considered to be a test case; whether it’s a test case now remains to be seen.” – Mal Byrne
Saadat said he was deeply disappointed by the court’s decision. He will continue to be deliberate in his decisions as he looks ahead. Byrne confirmed their dedication to standing by Saadat through this difficult journey.
Future Steps for Saadat
Expressing his disappointment with the court’s decision, Saadat indicated that he would take time to evaluate his options moving forward. Meanwhile, Byrne reaffirmed their commitment to supporting Saadat throughout this challenging journey.
“We will continue to stand by our client Payam and try and help him navigate his way through this difficult journey.” – Mal Byrne
