BNL20 v Minister for Home Affairs [2020] FCA 1180

BNL20 v Minister for Home Affairs [2020] FCA 1180

The Court found a prima facie case that the Commonwealth is in breach of its duty of care to the applicant, given imminent risk of COVID-19 at MITA poses serious danger to the applicant's health and life, and that the balance of convenience strongly favours the applicant. Injunctive relief was appropriate in exceptional circumstances.

Jurisdiction
Australia
Judgment Date
10 August 2020
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Order
Outcome
Injunction granted
Legal Topics
['duty of Care in Immigration Detention' 'negligence' 'covid 19 Risks' 'interlocutory Injunction' 'balance of Convenience']
['administrative and Constitutional Law' 'human Rights' 'tort Law'] ['duty of Care in Immigration Detention' 'negligence' 'covid 19 Risks' 'interlocutory Injunction' 'balance of Convenience']

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory Order

Legal Issues

  1. 1 ['Whether the Commonwealth is in continuing breach of its duty of care to the applicant in immigration detention given COVID-19 risks' 'Whether interlocutory injunctive relief should be granted to cease detaining applicant at MITA' 'Whether there is a real risk that SARS-CoV-2 will enter the detention centre and applicant will contract COVID-19' 'Whether the applicant is exposed to serious health consequences or death if infected']

Ratio Decidendi

The Court found a prima facie case that the Commonwealth is in breach of its duty of care to the applicant, given imminent risk of COVID-19 at MITA poses serious danger to the applicant's health and life, and that the balance of convenience strongly favours the applicant. Injunctive relief was appropriate in exceptional circumstances.

Court Disposition

Injunction granted

Orders

  • ['Respondents cease to detain the applicant at the Melbourne Immigration Transit Accommodation centre as soon as reasonably practicable, no later than 1.00 pm on 13 August 2020, until further order.' "Respondents must inform applicant's legal representatives of steps at least 24 hours before compliance." 'Liberty to...