An Indonesian fisherman has filed the first international case against Australia’s people smuggling legislation, claiming the laws violate international law. The fisherman is represented by senior law students from UNSW Law's Human Rights Clinic.
Due to mandatory sentencing, the fisherman Mr Nasir, who goes by one name, is serving a five-year jail term in an Australian prison – a significantly longer sentence than he would otherwise have received for being a cook on an asylum seeker boat, according to the Queensland Supreme Court.
The claim, filed with the United Nations Human Rights Committee in Geneva, seeks compensation and a public apology, as well as changes to Australian laws and policies. It also seeks Mr Nasir’s immediate release.