A Melbourne soccer player is suing the federal government for negligently breaching its duty of care after spending months wrongfully detained in Thailand.
Hakeem Al-Araibi, 27, was locked up in Bangkok in November 2018 after Bahraini officials pursued him over vandalism charges.
He spent 76 days in prison after an Australian Border Force officer neglected to inform the AFP and Department of Home Affairs that Mr Al-Araibi was under protection.
This would have prevented Thailand being alerted to an Interpol red notice issued against him.
A statement of claim filed in the Supreme Court of Victoria alleges that Mr Al-Araibi, who became an Australian citizen in March 2019, suffered injury, post-traumatic stress disorder and adjustment disorder, as well as losing income.
"The plaintiff was in a position of extreme vulnerability, being a person with a well-founded fear of persecution by the Bahrain government, a confirmed refugee and unaware of the red notice," it says.
Mr Al-Araibi had been working as a carpenter and an Uber driver. He continues to incur medical expenses, the writ said.
He was born in Bahrain in 1993 and fled to Australia in 2014.
