Fed: Parents to sue government over death of child

AAP General News (Australia)
08-04-2006
Fed: Parents to sue government over death of child

By Nick Butterly

CANBERRA, Aug 4 AAP - The parents of a two-year-old African refugee who died soon after
arriving in Australia will launch legal action against the federal government and a firm
of migration agents.

Richard Niyonsaba, who suffered from chronic sickle cell anaemia, flew to Australia
on November 4 last year after fleeing Burundi with his family, but died less than 24 hours
after arriving.

Lawyer George Newhouse said in a statement that the Commonwealth had refused to admit
liability or pay damages.

"(The parents) are left with no alternative but to go to court, they didn't want this,
they have been through enough," Mr Newhouse said.

"The government has not even provided them with grief counselling and psychiatric care
following the death of their child - what choice do they have?"

It is alleged the young boy's father, Protais Ntiranyibagira, woke at 4am on November
5 and found his son convulsing.

But neither he or his wife Merida Nsengiyumva knew what to do and did not know how
to work a telephone to call for help.

It has been reported that the case worker from migration agents ACL, who met the family
at the airport, had shown them the telephone in their temporary flat and told them to
dial triple-0 in case of emergency, but Mr Ntiranyibagira had never used a phone.

"Richard's family escaped the genocide in Burundi seeking sanctuary in Australia -
but they have been let down by the Commonwealth Government," Mr Newhouse said.

"Despite their suffering, Protais and Merida receive little support from the Commonwealth
and ACL, the family feel abandoned and intimidated. The family have never received an
apology or proper and on-going grief and psychiatric counselling.

"The family are concerned to ensure that Richard's death is not in vain and that lessons
are learned so that no one shall ever suffer the same fate as their son," he said.

The action is to be lodged in the NSW District Court on Monday, Mr Newhouse said.

A spokesman for the immigration department said the matter could yet be dealt with
through some form of arbitration.

The department also refuted claims made by Mr Newhouse that Richard's parents had not
been provided with any counselling.

"They have used and continue to use torture and trauma counselling provided under department
programs which are being provided free of charge," the spokesman said.

AAP nb/sw/goc/grc/sp

KEYWORD: IMMIGRATION DAMAGES

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