CDO19 v Minister for Immigration, Citizenship and Multicultural Affairs

In the matter of CDO19 v Minister for Immigration, Citizenship and Multicultural Affairs, the applicant, a person detained in Nauru, sought an interlocutory mandatory injunction to compel the Minister and other respondents to transfer them to Australia for urgent medical treatment. The Federal Court of Australia was tasked with determining whether to grant the injunction based on the applicant's serious medical needs and the balance of convenience. The respondents argued that the Court lacked jurisdiction, but the Court found that it had the authority to grant the relief assuming a serious question to be tried and a favourable balance of convenience.

The Court considered the conflicting medical assessments regarding the applicant's health and the respondents' obligation to provide care. It also noted that the respondents had already taken steps to transfer the applicant to Australia. The Court concluded that there was a serious question to be tried and that the balance of convenience favoured granting the mandatory relief. The respondents had accepted, for the purposes of the interlocutory application, that there was a serious question as to whether they owed a duty of care to the applicant. However, the Court did not conclusively determine the respondents' submissions on jurisdiction. Costs of the interlocutory application were reserved.

The Court ordered the respondents to take all reasonable steps within 72 hours to transfer the applicant to Australia for treatment, including seeking consideration by the Overseas Medical Referral Committee and applying to the Nauruan Ministry of Health or Multicultural Affairs. The respondents were also prohibited from returning the applicant to Nauru pending the outcome of the proceedings unless otherwise agreed. Additionally, the parties were required to refile any documents that needed redactions by a specified deadline. The Court granted liberty to apply and reserved costs.