Asylum seekers injured while being detained on Christmas Island are suing the federal government and Immigration Minister Scott Morrison.
Law firm Morrison and Blackburn have filed a class action in the Supreme Court of Victoria on behalf of asylum seekers injured in the Christmas Island detention centre.
The case seeks compensation for injury as well as a ruling against the Commonwealth and Immigration Minister Scott Morrison that asylum seekers in the facility are immediately provided adequate health care.
The action involves all asylum seekers detained in the past three years on Christmas Island, who have sustained an injury or an exacerbation of an injury, including mental illness.
Maurice Blackburn principal lawyer Jacob Varghese said the lead plaintiff in the case is a six-year old girl - known as A.S. - who suffers from post-traumatic stress disorder, ongoing dental infections and has developed a stammer since her detention.
"Our client in this case has had minimal care and treatment for significant health issues," he said.
"She was separated from her mother for an extended period of time when she was taken to the mainland to have a baby."
"In combination with being detained for over a year and having medical and dental issues poorly treated, A.S is an alarmingly sad and anxious child."
Sister Brigid Arthur, who is acting as AS's litigation guardian, said children who are kept in detention deteriorate rapidly.
"What we are doing on the whole is re-traumatising people who have already been traumatised somewhere else in the world and that is cruel at the very least," Sr Brigid said.
Lawyers acting for the asylum seekers in the class action say the available medical care is of a "negligent standard" and Christmas Island is in the grips of a mental health crisis.
"Too many asylum-seekers' health are being severely compromised by being in detention," Maurice Blackburn principal Jacob Varghese told reporters in Melbourne.
He said there is a substantial body of evidence pointing to widespread failings for people in detention on Christmas Island and the firm knew of 11 people who had attempted suicide while in detention there.
He said the firm wanted the Victorian Supreme Court to issue an order that asylum seekers be removed so they can receive appropriate medical care.
As of last month there were 334 people on Christmas Island, including 148 children.
Maurice Blackburn say the potential number of claimants in the class action could run into the thousands.
Mr Varghese said because of the poor standard of medical care, things that would be trivial on the mainland, such as dental problems, become major issues on Christmas Island.
"We've seen children with blackened teeth who cannot sleep through the night and wake up their parents in pain," Mr Varghese said.
He said there were particular concerns for people with mental health problems and the long-term damage being done to children.
"When you take responsibility for other human beings' circumstances the way the Commonwealth has taken charge of asylum seekers' entire lives, you take on board a host of responsibilities to make sure they're cared for and we're alleging that's been breached."
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