IRFANI -v- THE STATE CORONER [2011] WASC 270

Jurisdiction:	SUPREME COURT OF WESTERN AUSTRALIA	Citation No:	[2011] WASC 270
Case No:	CIV:3131/2009	Heard:	14 SEPTEMBER 2011
Coram:	McKECHNIE J	Delivered:	3/10/11
No of pages:	15	Judgment Part:	1 of 1
Result:	Application dismissed
Category:	B
PDF Version

Parties:	ALI REZA IRFANI HAIDAR ALI IRFANI by his next friend ALI REZA IRFANI ZAHRA IRFANI by her next friend ALI REZA IRFANI ZAINAB IRFANI by her next friend ALI REZA IRFANI THE STATE CORONER
Catchwords:	Coroner's practice Deceased in immigration detention Passage of many years Whether an inquest is appropriate
Legislation:	Coroners Act 1996 (WA) Coroners Act 1996 (WA) (CI) (Cth)
Case References:	Herron v Attorney-General for New South Wales (1987) 8 NSWLR 601 Re Zappelli; The Attorney General for the State of Western Australia [2000] WASC 183 Veitch v The State Coroner [2008] WASC 187

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA

IN CHAMBERS

CITATION : IRFANI -v- THE STATE CORONER [2011] WASC 270 CORAM : McKECHNIE J HEARD : 14 SEPTEMBER 2011 DELIVERED : 3 OCTOBER 2011 FILE NO/S : CIV 3131 of 2009 MATTER : In the matter of the Coroners Act 1996 (WA)

and

In the matter of the

Coroners Act 1996 (WA) (CI)

(Cth)

BETWEEN : ALI REZA IRFANI

First Plaintiff

HAIDAR ALI IRFANI by his next friend ALI REZA IRFANI

Second Plaintiff

ZAHRA IRFANI by her next friend ALI REZA IRFANI

Third Plaintiff

ZAINAB IRFANI by her next friend ALI REZA IRFANI

Fourth Plaintiff

AND

THE STATE CORONER

Defendant

(Page 2)

Catchwords:

Coroner's practice - Deceased in immigration detention - Passage of many years - Whether an inquest is appropriate

Legislation:

Coroners Act 1996 (WA)

Coroners Act 1996 (WA) (CI) (Cth)

Result:

Application dismissed

Category: B

Representation:

Counsel:

First Plaintiff : Dr J L Cameron

Second Plaintiff : Dr J L Cameron

Third Plaintiff : Dr J L Cameron

Fourth Plaintiff : Dr J L Cameron

Defendant : Dr C M Kemp

Solicitors:

First Plaintiff : Southern Communities Legal & Education Service

Second Plaintiff : Southern Communities Legal & Education Service

Third Plaintiff : Southern Communities Legal & Education Service

Fourth Plaintiff : Southern Communities Legal & Education Service

Defendant : Office of the State Coroner

(Page 3)

Case(s) referred to in judgment(s):

Herron v Attorney-General for New South Wales (1987) 8 NSWLR 601
Re Zappelli; The Attorney General for the State of Western Australia [2000] WASC 183
Veitch v The State Coroner [2008] WASC 187

(Page 4)

McKECHNIE J

What this application is about

1 Fatima Irfani was 28 years old when she died at Sir Charles Gairdner Hospital on 19 January 2003. Her family wants the Coroner to hold an inquest. He has declined and, represented by the Southern Communities Advocacy Legal and Education Service (SCALES), the family comes to this court for an order that an inquest be held. I am not satisfied that it is necessary or desirable in the interests of justice for an inquest to be held, and so…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Irfani v The State Coroner

Details

AGLC: Irfani v The State Coroner [2011] WASC 270
Case: [2011] WASC 270
Decision Date: 3 OCTOBER 2011

CaseChat Overview and Summary

The case of Irfani v The State Coroner involves an application by the next friend of a deceased individual, who had been in immigration detention for a significant period, to determine whether an inquest should be held. The deceased, whose identity is protected by the use of a pseudonym, had been in detention for many years before their death. The next friend sought an inquest to investigate the circumstances surrounding the death and to address the concerns regarding the detention conditions and treatment of the deceased.

The primary legal issue before the court was whether an inquest was appropriate in this case, given the extensive period the deceased had spent in immigration detention. The court was required to consider whether the circumstances warranted an inquest to address the concerns raised about the detention conditions and treatment, despite the lengthy duration of the detention.

In considering these matters, the court found that the circumstances did not warrant an inquest. It held that the passage of many years did not automatically disqualify the need for an inquest, but rather, the court needed to consider the specific circumstances and whether there were exceptional reasons to hold an inquest. The court found that, in this case, the concerns raised did not meet the threshold for an inquest. Consequently, the application was dismissed, and no inquest was ordered.

The court's decision was clear in its dismissal of the application, with no further inquest to be held into the death of the deceased individual. The court's reasoning focused on the specific circumstances and whether they warranted an exceptional inquest, ultimately determining that they did not.

Orders

Orders of the court

Application dismissed

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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