“Administrative failures resulted in the unnecessary and arbitrary detention of a man with a mental illness,” Ms Branson said.

“Mr El Masri deserved better.”

The first breach occurred in 2005 when the Department failed to conduct a timely and thorough review of the ongoing legality of Mr El Masri’s detention in light of a (then) recent decision by the Full Federal Court. This failure had led to Mr El Masri being arbitrarily detained for 90 days.

“The unacceptable delay in reviewing Mr El Masri’s case prevented his early release from immigration detention at a time when all the medical experts agreed that the best place to treat his mental illness was in the community,” Ms Branson said. 

The report identified the second breach had occurred in 2006 when Mr El Masri was again taken into detention – this time for seven hours.

“There was no legal reason in 2006 to detain Mr El Masri,” Ms Branson said.

“The problem was that the Department didn’t record an order made by the Federal Court in 2005 that Mr El Masri had a valid visa.

“The Department also didn’t check Federal Court records before they detained Mr El Masri.”

Ms Branson also found the prolonged placement of Mr El Masri in solitary confinement for 77 days breached Mr El Masri’s right to be treated humanely in detention under article 10(1) of the ICCPR.

“I have recommended that Mr El Masri be paid a total of $105, 000 in compensation and that the Commonwealth apologise to Mr El Masri,” Ms Branson said.

“The Department has accepted my findings that Mr El Masri’s human rights were breached and implemented policies and procedures that I believe will help prevent such breaches occurring in the future.”

Information about the Department’s response to the President’s findings is included the President’s report. A copy of the report is on the Commission’s website at  www.humanrights.gov.au/legal/humanrightsreports/AusHRC41.html