Australian detained 32 times at Sydney airport decries racism
An Australian citizen is suing the Australian government, alleging systemic racism by the Australian Border Force.
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A Qantas Boeing 737 passenger plane takes off from Sydney Airport, Australia, on September 5, 2022. (AP)
An Australian citizen, who was held 32 times at Sydney Airport without being charged, has told the federal circuit court that he is stopped and inspected practically every time he enters the country because he is Black.
Okungbowa Hubert Igbinoba also said in a directions hearing on Tuesday that the government's $80,000 settlement offer was an effort to silence him, saying it was as if they were telling him to "take $80,000 and shut up" and accusing the Australian Border Force of "systemic racism".
"They try to silence me by offering me money," he said, adding, "I'm treated like a criminal. This is how the border force treats people who look like me. They have been acting illegally and it has to stop."
Igbinoba is suing the Australian government in federal circuit court, arguing that border authorities violated the Racial Discrimination Act by repeatedly targeting him for interrogation solely because he was Black. The Australian government rejected Igbinoba's allegations.
A Nigerian-born Australian citizen with family in Africa and a freight transportation company that involves frequent foreign travel, he was arrested 32 times between 1998 and 2020 at Sydney International Airport, nearly every time he landed in Australia.
According to the claim, border officers isolated, questioned, searched, and patted him down. Each time, his luggage was emptied and inspected, and his laptop and mobile phone were seized and checked.
On several occasions, he was held for up to four hours, and none of his detentions have turned up evidence of any crimes.
He claims he was "one of the only individuals with dark skin and obvious African ethnicity" and the only one segregated for what he claims was discriminatory treatment.
Igbinoba claims he has no criminal history or customs violations and asserts that his dark skin and African ethnicity were the only reasons he was singled out by Australian Border Force officers, despite behaving like other passengers during his airport visits.
He also reported never receiving answers for why he was "systemically and repeatedly" targeted, and the matter has been before the courts since 2020. A mediation attempt in 2022 failed to provide a resolution.
In court records, the federal government claims there is no proof that Igbinoba was ever discriminated against or targeted.
According to the federal government's arguments, several police acted due to an "alert" about Igbinoba as a "person of interest," requiring them to follow orders.
The government stated that it resisted providing the specifics of any warnings placed on Igbinoba to the court, claiming they were "not relevant" to a lawsuit alleging racial discrimination.
Government agencies, including the Australian Federal Police, have sought to keep key information in the case secret, citing concerns over revealing sensitive investigative methods and intelligence that could be exploited by those involved in alleged criminal activities.
At a lengthy directions hearing before Judge Benjamin Zipser in federal circuit court on Tuesday, Igbinoba requested an adjournment while he sought new counsel, having parted ways with his former lawyer earlier this month.
He informed the court that he intended to provide additional evidence from "co-travelers" who had flown into the nation with him and seen his treatment. He claimed that without an adjournment, he lacked the resources to prosecute a successful case against a well-funded government.
"I am seeking an adjournment to help shine a light on their behavior: racism and discrimination must stop."