Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
MZYYR v Secretary, Department of Immigration and Citizenship [2012] FCA 694 Citation: MZYYR v Secretary, Department of Immigration and Citizenship [2012] FCA 694
Parties: MZYYR v SECRETARY, DEPARTMENT OF IMMIGRATION AND CITIZENSHIP and COMMONWEALTH OF AUSTRALIA
File number: VID 425 of 2012
Judge: GORDON J
Date of judgment: 28 June 2012
Catchwords: PRACTICE AND PROCEDURE – interlocutory injunction – prima facie case – continuing tort – applicant unlawful non-citizen in immigration detention – applicant suffers from mental disability and mental disorder – risk of continuing harm and deteriorating condition – unavailability of specialist treatment in immigration detention – balance of convenience – alternative form of detention NEGLIGENCE – duty of care – Commonwealth owes duty of care to detainees in immigration detention – content of duty where applicant suffers from mental disability and mental disorder – Commonwealth must provide level of medical care which is reasonably designed to meet detainees' health care needs MIGRATION – immigration detention – form of detention and medical services available in detention – non-compellable powers in relation to place of detention – Court's powers where alleged continuing tort in immigration detention - Migration Act 1958 (Cth) ss 5(1), 196(3), 197AB
Legislation: Acts Interpretation Act 1901 (Cth) Federal Court of Australia Act 1976 (Cth) Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth), ss 5(1), 196(3), 197AB
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