CCA19 v Minister for Home Affairs

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FEDERAL COURT OF AUSTRALIA

CCA19 v Minister for Home Affairs [2019] FCA 939

File number: VID 552 of 2019
Judge: BROMBERG  J
Date of judgment: 13 June 2019
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction to remove the applicant from Nauru so that he can receive appropriate mental health treatment – where interlocutory relief granted that required the respondent to take all reasonable steps to transfer the applicant and his uncle from Nauru to a place where he can receive urgent medical attention –  where applicant still on Nauru – where issues raised as to the Court’s jurisdiction to hear such matters – whether the Court should make further and more specific orders to give effect to the orders previously made for interlocutory relief.  
Legislation: Migration Act 1958 (Cth) s 494AB
Cases cited:

Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (2001) 208 CLR 199

AWB Ltd v Honourable Terence Rhoderic Hudson Cole (No 4) [2006] FCA 1050

AYX18 v Minister for Home Affairs [2018] FCA 283

BAF18 as litigation representative for BAG18 v Minister for Home Affairs [2018] FCA 1060

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

CDO19 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCA 890

D7 v Minister for Immigration and Border Protection (2016) 244 FCR 1

DCQ18 v Minister for Home Affairs [2018] FCA 918

DJA18 as litigation representative for DIZ18 v Minister for Home Affairs [2018] FCA 1050

DRB18 v Minister for Home Affairs [2018] FCA 1163

EHW18 v Minister for Home Affairs (2018) 262 FCR 27

ELF18 v Minister for Home Affairs [2018] FCA 1368

FRX17 as litigation representative for FRM17 v Minister for Immigration and Border Protection [2018] FCA 63

Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1

Plaintiff S99/2016 v Minister for Immigration and Border Protection (2016) 243 FCR 17

R v Ross-Jones; Ex parte Green (1984) 156 CLR 185

Romaldi Constructions Pty Ltd v Adelaide Interior Linings Pty Ltd (No 2) [2013] SASCFC 124

Date of hearing: 13 June 2019
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 67
Counsel for the Applicant: Ms E Bennett with Mr J Hartley
Solicitor for the Applicant: Lander & Rogers Lawyers
Counsel for the Respondents: Mr A Yuile
Solicitor for the Respondents: Australian Government Solicitor

ORDERS

VID 552 of 2019
BETWEEN:

CCA19

Applicant

AND:

MINISTER FOR HOME AFFAIRS

First Respondent

COMMONWEALTH OF AUSTRALIA

Second Respondent

JUDGE:

BROMBERG  J

DATE OF ORDER:

13 JUNE 2019

THE COURT ORDERS THAT:

1.As soon as reasonably practicable and within 72 hours the Respondents take the following steps:

(a)seek, whether by the Respondents’ officers, servants, agents, contractors or otherwise, to have the Applicant’s case considered by the Overseas Medical Referral Committee

(i)on the basis of an assessment which draws to the Committee’s attention the conclusions and recommendations in the reports of Dr Dudley and Dr Manovel; and

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Details
Case
[2019] FCA 939
Decision Date

CaseChat Overview and Summary

The case before the court involved an application for an interlocutory injunction by an individual seeking to be removed from Nauru to receive necessary mental health treatment. The respondent was the Minister for Home Affairs. The primary concern was whether the court had the jurisdiction to hear such matters and if further orders should be made to enforce the previously granted interlocutory relief. The applicant had previously been granted an injunction requiring the respondent to take all reasonable steps to transfer him and his uncle from Nauru to a location where he could receive urgent medical attention, yet he remained on Nauru.

The legal issues before the court were twofold: first, whether the court had the jurisdiction to hear such matters; and second, whether the court should make further and more specific orders to enforce the previously made interlocutory relief. The applicant argued that the court had jurisdiction to hear the matter, and that the respondent had not taken sufficient steps to comply with the previous orders. The respondent, on the other hand, contended that the court lacked jurisdiction to hear such matters and that the applicant’s claims were unfounded.

The court held that it had jurisdiction to hear the matter, finding that the applicant’s claims fell within the court’s remit as they related to the provision of medical care. The court also found that the respondent had not taken sufficient steps to comply with the previous orders. The court ordered that the respondent take specific steps to ensure the applicant’s transfer from Nauru, including seeking consideration of the applicant’s case by the Overseas Medical Referral Committee and making an application to the Nauruan Ministry of Health and/or the Nauruan Ministry of Multicultural Affairs. The court further adjourned the interlocutory application to allow for the respondent to take these steps.

Orders

Orders of the court

1. As soon as reasonably practicable and within 72 hours the Respondents take the following steps:

(a) seek, whether by the Respondents’ officers, servants, agents, contractors or otherwise, to have the Applicant’s case considered by the Overseas Medical Referral Committee

(i) on the basis of an assessment which draws to the Committee’s attention the conclusions and recommendations in the reports of Dr Dudley and Dr Manovel; and

(ii) on the basis of expanding the approval given to the Applicant on 2 May 2019 to travel to Taiwan so that it also covers travel to Australia.

(b) make an application to the Nauruan Ministry of Health and/or the Nauruan Ministry of Multicultural Affairs to have the Overseas Medical Panel Referral Process dispensed with or to secure uplift approval for the evacuation of the Applicant of the kind referred to at paragraph 13 of the affidavit of Peter Lawrence Timson of 3 June 2019.

2. The Applicants’ interlocutory application be adjourned to 9:30am on 18 June 2019.

Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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