Judge refuses to excuse men for their actions in 2011 despite 'frustration and perhaps despair'
Four men convicted over the Villawood detention centre riots have been sentenced to serve jail time for their parts in the April 2011 events.
Justice Robert Allan Hulme said the "mob violence" of the men was not excused by their "frustration and perhaps despair".
Mohammed Naim Amiri, 26, Taleb Feili, 57, Ali Haidari, 29, and Majid Parhizkar, 27 were sentenced to minimum terms of between 14 and 22 months.
A fifth man, Haider Hussein Ali, 40, who was also found guilty of affray, avoided jail time and was placed on a two-year good behaviour bond.
On 20 April 2011, two men climbed onto the roof of one of the centre's buildings in protest against their continuing detention and rejection of visa applications.
However, the disturbance escalated as nine more men joined them and items were thrown at staff from the rooftop, and elsewhere on the grounds a group of more than 100 detainees set fire to piles of furniture and rubbish.
Centre staff were forced to flee and nine buildings burnt down, contributing to the $9 million worth of damage.
At the time of the riot all of the men in question had had their applications for asylum rejected at least once.
Parhizkar received his visa while he was in jail awaiting sentencing, however this could be revoked under government legislation – introduced after the Villawood fires – which gave the immigration minister the power to cancel the visa of anyone convicted of an offence while in detention.
In sentencing, Justice Hulme said views of the immigration policy did not override legality.
"The fact remains that it is pursuant to valid laws of the commonwealth parliament," said Justice Hulme in sentencing.
"Nobody can question that there is a right to protest, but ... violence is completely unacceptable."
Justice Hulme said the men had prior good characters and good prospects of rehabilitation.
All men will be eligible for parole at various stages by the end of next year.
Ian Rintoul, spokesman for the Refugee Action Coalition, said the five men sentenced on Friday were "scapegoats" for the Villawood protest and fires.
"The riot charges allowed the government to dump the responsibility of the fires on these five," he said.
"These five were on the roof. They had nothing to do with the fires."
A department of immigration spokesman told Guardian Australia they were aware the men are now in criminal custody but the men's custodial sentences were a matter for the courts.
"It wouldn't be appropriate for us to comment on individual cases, however behaviour would be taken into consideration when making a determination, in particular criminal conduct or behaviour," he said.
"Anyone seeking to be granted a visa to Australia has to meet criteria for a visa which includes passing the character test."