Govt failed asylum seekers: legal claim

Asylum seekers say the standard of health care on Christmas Island is so low they should be entitled to compensation.

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Asylum seekers injured on Christmas Island say the federal government has failed in its duty of care and should pay them compensation and provide medical care.

The asylum seekers are suing the government and Immigration Minister Scott Morrison over injuries they sustained in detention over the past three years or existing injuries that have been made worse because of a lack of adequate health services.

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.

Maurice Blackburn estimates there could be thousands of potential claimants, including former detainees and children.

The lead plaintiff in the class action launched on Tuesday is a six-year-old girl, known only as AS, who has suffered ongoing dental infection, allergies, separation anxiety and bed-wetting.

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.

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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