EHW18 v Minister for Home Affairs

EHW18, an individual brought to Papua New Guinea under the Migration Act 1958 (Cth), filed an application for an interlocutory injunction against the Minister for Home Affairs, seeking urgent medical treatment and transfer to Australia. The applicant alleged that the Commonwealth owed him a duty of care due to their responsibility for his welfare, and that without immediate treatment, he faced significant health risks, including the possibility of suicide. The court was tasked with determining whether there was a sufficient likelihood of success on the merits to justify the grant of an interlocutory injunction, and where the balance of convenience lay.

The court examined the principles relevant to the grant of an interlocutory injunction, focusing on the likelihood of success and the balance of convenience. Expert medical evidence indicated that the applicant required urgent psychiatric and ophthalmic treatment, which was not available in Papua New Guinea. The court accepted that the Commonwealth had assumed responsibility for the applicant's welfare, establishing the basis for a duty of care. Given the urgency and severity of the applicant's medical needs, the court found that there was a strong likelihood of success on the merits. Additionally, the balance of convenience clearly favoured granting the injunction to ensure the applicant's immediate access to necessary medical treatment in Australia.

The court granted the injunction, requiring the respondents to transfer the applicant to Australia for urgent psychiatric and ophthalmic evaluation and treatment. The order also mandated the provision of complete medical records and notice to the applicant's solicitors before any return to Papua New Guinea. The proceeding was to be heard on an expedited basis, and a case management hearing was scheduled. Costs were reserved for later determination.