BKP19 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2019] FCA 761

BKP19 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2019] FCA 761

Given the urgent risk to the applicant's life, and the practical acceptance of jurisdictional objections only on a provisional basis, it is appropriate to make orders directing the respondents to take steps to expedite the applicant's transfer to Taiwan for medical treatment and to provide liberty to apply for further relief if required upon the applicant's transfer.

Parties
Applicant: BKP19; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
20 May 2019
Procedural Posture
Application for Interlocutory Relief / Hearing and Orders
Outcome
Interlocutory relief granted (in part)
Legal Topics
Urgent Interlocutory Relief, Medical Treatment of Detainees, Jurisdiction of the Federal Court
Administrative Law Human Rights Law Urgent Interlocutory Relief Medical Treatment of Detainees Jurisdiction of the Federal Court

Case Brief

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Parties

BKP19

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Commonwealth of Australia

Second Respondent

Procedural Posture

Application for Interlocutory Relief / Hearing and Orders

Legal Issues

  1. 1 Whether urgent interlocutory relief should be granted to expedite the applicant's medical transfer due to psychiatric and dental needs
  2. 2 Whether the respondents must facilitate the applicant's removal from Nauru to Taiwan for medical treatment
  3. 3 Jurisdiction of the Federal Court to make orders in the present circumstances

Ratio Decidendi

Given the urgent risk to the applicant's life, and the practical acceptance of jurisdictional objections only on a provisional basis, it is appropriate to make orders directing the respondents to take steps to expedite the applicant's transfer to Taiwan for medical treatment and to provide liberty to apply for further relief if required upon the applicant's transfer.

Court Disposition

Interlocutory relief granted (in part)

Orders

  • The respondents take all steps within their power to expedite the finalisation of Taiwan Adventist Hospital's agreement to receive the applicant.
  • If and when Taiwan Adventist Hospital agrees to receive the applicant, the respondents take all necessary steps to assist in the applicant's removal to Taiwan consistently with the decision of the Overseas Medical Referral Committee dated 2 May 2019.