Rahimi (deceased) v Commonwealth of Australia (DIBP)

June 2015

Senator the Hon. George Brandis QC

Attorney-General

Parliament House

Canberra ACT 2600

Dear Attorney,

I have completed my report pursuant to s 11(1)(f)(ii) of the Australian Human Rights Commission Act 1986 (Cth) into the complaint made by Mr Rahimi against the Commonwealth of Australia – Department of Immigration and Border Protection (Department).

I have found that Mr Rahimi’s detention at Villawood Immigration Detention Centre from 15 September 2010 until his death on 27 February 2012 was arbitrary within the meaning of article 9(1) of the International Covenant on Civil and Political Rights (ICCPR).

In light of my findings, I recommend that the Commonwealth pay compensation to Mr Rahimi's estate.

By letter dated 15 May 2015 the Department provided a response to my recommendation of compensation. I have set out the Department’s response in part 7.4 of this report.

I enclose a copy of my report.

Yours sincerely,



Gillian Triggs

President

Australian Human Rights Commission