Mr BX v Commonwealth of Australia (Department of Home Affairs)

As a result of this inquiry, I find the following: • excessive force was used on Mr BX by ERT officers in relation to the second incident on 22 November 2020 5 • the manner in which one of the ERT officers forcibly grabbed both sides of his head to bring him to the ground was disproportionate to the need to protect him, the safety of staff and to maintain good order at the centre • the serious inj. [...] I make the following recommendations: Recommendation 1 The Commonwealth pay to Mr BX an appropriate amount of compensation to reflect the loss and damage he suffered as a result of the breach of his human rights identified by this inquiry, being the pain and suffering he experienced as a result of the use of force against him. [...] As he is led out of the gate, he resists the ERT officers’ attempts to pull him forward and is taken to the ground with one of the ERT officers placing his hand on the back of Mr BX’s head and forcing it to the ground (Figures 3 and 4). [...] After the use of force incident occurs and Mr BX is brought to the ground, the detainee who is at the door appears to go to his aid and asks the ERT officer, ‘what are you doing?’. [...] I find the use of force on 22 July 2020 to ground stabilise Mr BX after exiting the compound, was reasonable, necessary and proportionate to the need to protect Mr BX, the safety of the staff and to maintain good order in the detention centre.