BKP19 v Minister for Immigration, Citizenship and Multicultural Affairs (No 3) [2019] FCA 809

BKP19 v Minister for Immigration, Citizenship and Multicultural Affairs (No 3) [2019] FCA 809

Given the applicant's imminent transfer from Nauru to Australia and the urgent need for psychiatric and dental treatment, the court ordered the First Respondent to use all reasonable endeavours for assessment and treatment in accordance with clinical recommendations and agreement between parties, while vacating previous orders relating to transfer to Taiwan.

Parties
Applicant: BKP19; First Respondent: Minister for Immigration, Citizenship and Multicultural Affairs; Second Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
30 May 2019
Procedural Posture
Interlocutory Application / Post Hearing Orders
Outcome
Interlocutory orders granted in part; previous orders vacated; matter listed for further directions; costs reserved.
Legal Topics
Interlocutory Relief, Urgent Medical Treatment, Refugee Transfer, Mental Health Assessment
Migration Law Administrative Law Human Rights Law Interlocutory Relief Urgent Medical Treatment Refugee Transfer Mental Health Assessment

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Parties

BKP19

Applicant

Minister for Immigration, Citizenship and Multicultural Affairs

First Respondent

Commonwealth of Australia

Second Respondent

Procedural Posture

Interlocutory Application / Post Hearing Orders

Legal Issues

  1. 1 Whether interlocutory relief should be granted for urgent psychiatric treatment and transfer of a refugee from Nauru to Australia
  2. 2 Whether the respondents should use all reasonable endeavours for medical assessment and treatment upon removal from Nauru
  3. 3 Jurisdiction of court to make coercive orders concerning transfer and treatment

Ratio Decidendi

Given the applicant's imminent transfer from Nauru to Australia and the urgent need for psychiatric and dental treatment, the court ordered the First Respondent to use all reasonable endeavours for assessment and treatment in accordance with clinical recommendations and agreement between parties, while vacating previous orders relating to transfer to Taiwan.

Court Disposition

Interlocutory orders granted in part; previous orders vacated; matter listed for further directions; costs reserved.

Orders

  • Orders 1 and 2 made on 20 May 2019 are vacated.
  • First Respondent to use all reasonable endeavours for applicant’s psychiatric and medical assessment and treatment upon removal from Nauru, including dental treatment.