EWR18 v Minister for Home Affairs [2018] FCA 1460

EWR18 v Minister for Home Affairs [2018] FCA 1460

The applicants established a serious question to be tried regarding the duty of care owed by the respondents to provide appropriate medical care, including removal for treatment. The balance of convenience overwhelmingly favoured the applicants due to the urgent and deteriorating medical circumstances, and no treatment being available on Nauru. Mandatory interlocutory relief was thus appropriate.

Jurisdiction
Australia
Judgment Date
21 September 2018
Procedural Posture
Application for Interlocutory Injunction / Interlocutory
Outcome
Interlocutory injunction granted in favour of the applicants; costs awarded to applicants unless Minister applies otherwise within 7 days.
Legal Topics
['interlocutory Injunction' 'duty of Care' 'medical Treatment of Detainees' 'refugee Law']
['administrative Law' 'constitutional Law' 'human Rights Law'] ['interlocutory Injunction' 'duty of Care' 'medical Treatment of Detainees' 'refugee Law']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory

Legal Issues

  1. 1 ['Whether the respondents owe a duty of care to provide the applicants with appropriate medical care, including removal from Nauru for treatment' 'Whether the applicants meet the requirements for a mandatory interlocutory injunction']

Ratio Decidendi

The applicants established a serious question to be tried regarding the duty of care owed by the respondents to provide appropriate medical care, including removal for treatment. The balance of convenience overwhelmingly favoured the applicants due to the urgent and deteriorating medical circumstances, and no treatment being available on Nauru. Mandatory interlocutory relief was thus appropriate.

Court Disposition

Interlocutory injunction granted in favour of the applicants; costs awarded to applicants unless Minister applies otherwise within 7 days.

Orders

  • ['EXJ18 joined as third applicant.' 'EXJ18 appointed as litigation representative for EXI18.' "Non-publication orders imposed regarding applicants' identities and related details." 'Applicants to be identified by pseudonyms.' "Minister ordered, on an urgent basis, to transfer applicants to location for 'Specified...