The parents of an asylum seeker murdered in an offshore detention centre are suing the Australian Government over his death.
Iranian asylum seeker Reza Berati, 23, was beaten to death by guards and other workers during a violent confrontation at the Manus Island detention centre in 2014.
His parents, Ita Torab Berati and Farideh Baralak, have filed a civil claim in the Victorian Supreme Court claiming wrongful death and mental harm as a result of their son's murder.
It's believed to be the first time a case has been filed in Australian courts on behalf of someone who has died in offshore detention.
In a statement released to the media on Monday, Reza Berati's father Torab said Reza was his only son, and a good person who cared deeply for his family.
“Our family is heartbroken and we have been suffering for so long with his death,” he said.
“I want justice for my son, I don't want his death to be insignificant.”
More than 60 other asylum seekers were injured during two days of unrest during February 2014.
Two men found guilty of the murder were jailed for 10 years in Papua New Guinea's National Court.
An Australian inquiry into the incident by former senior public servant Robert Cornall found Mr Berati died after being hit from behind with a heavy stick.
A senate inquiry found the violence was “eminently foreseeable” and blamed the riots on delays in processing asylum seeker claims.
It also recommended Mr Berati's family should be paid compensation, but their lawyers said no compensation has yet been paid.
Maurice Blackburn lawyer Jennifer Kanis said the Australian Government and security operator G4S had failed in their duty of care.
“Their failure to protect these people in their care has led to the tragic death of Reza Berati, and caused devastating harm to his parents,” she said.
G4S and the Department of Home Affairs have been contacted for comment.
The Legal Director of the Human Rights Law Centre, Keren Adams, said Reza Berati's death has become a symbol of the brutality of the offshore detention system.
“These proceedings can't bring back their son, but they can ensure that those ultimately responsible for his death are finally forced to account for their actions,” she said.