BKP19 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCA 494

BKP19 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCA 494

Urgency was established because the applicant had a major depressive episode, was suicidal, had attempted suicide three times since 22 February 2019, required urgent psychiatric and maxillofacial specialist treatment, and the required treatment was not available on Nauru. However, the proposed order compelling transfer regardless of Overseas Medical Referral approval was insufficiently certain and failed to respect Nauruan procedures and sovereignty. The appropriate relief was to require the respondents to take reasonable steps to have the applicant's case presented to the Overseas Medical Referral committee on updated medical information and to enquire about uplift approval.

Jurisdiction
Australia
Judgment Date
09 April 2019
Procedural Posture
Urgent Interlocutory Application Concerning Medical Evacuation From Nauru / Interlocutory Application Before Duty Judge
Outcome
Limited interlocutory relief granted; the applicant's broader proposed transfer order was refused; matter stood over; costs reserved.
Legal Topics
['urgent Medical Evacuation of Refugee From Nauru' 'overseas Medical Referral Committee' 'interlocutory Relief' 'nauruan Sovereignty' 'specialist Psychiatric Care' 'maxillofacial Specialist Evaluation']
['migration' 'administrative and Constitutional Law and Human Rights'] ['urgent Medical Evacuation of Refugee From Nauru' 'overseas Medical Referral Committee' 'interlocutory Relief' 'nauruan Sovereignty' 'specialist Psychiatric Care' 'maxillofacial Specialist Evaluation']

Case Brief

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Procedural Posture

Urgent Interlocutory Application Concerning Medical Evacuation From Nauru / Interlocutory Application Before Duty Judge

Legal Issues

  1. 1 ["Whether urgency was established for the applicant's transfer from Nauru for medical treatment." 'What form of interlocutory relief was appropriate in light of the Overseas Medical Referral procedures and Nauruan sovereignty.' 'Whether the respondents should be ordered to take steps regardless of approval by the Overseas Medical Referral committee.']

Ratio Decidendi

Urgency was established because the applicant had a major depressive episode, was suicidal, had attempted suicide three times since 22 February 2019, required urgent psychiatric and maxillofacial specialist treatment, and the required treatment was not available on Nauru. However, the proposed order compelling transfer regardless of Overseas Medical Referral approval was insufficiently certain and failed to respect Nauruan procedures and sovereignty. The appropriate relief was to require the respondents to take reasonable steps to have the applicant's case presented to the Overseas Medical Referral committee on updated medical information and to enquire about uplift approval.

Court Disposition

Limited interlocutory relief granted; the applicant's broader proposed transfer order was refused; matter stood over; costs reserved.

Orders

  • ["The respondents take all reasonable steps within their power to have the applicant's case presented to the Overseas Medical Referral committee on 18 April 2019 or, if earlier, out of session, on the basis of an updated assessment, including in particular that the applicant has attempted suicide on three occasions...