EWR18 v Minister for Home Affairs [2018] FCA 1460

FEDERAL COURT OF AUSTRALIA

EWR18 v Minister for Home Affairs [2018] FCA 1460 File number: NSD 1756 of 2018

Judge: THAWLEY J

Date of judgment: 21 September 2018

Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction to remove applicants from Nauru in order to receive appropriate medical and mental health treatment – where applicants are living on Nauru – where medical evidence indicated significant and deteriorating physical and mental health issues – whether serious question to be tried that respondents owe applicants a duty of care to provide them with a level of medical care appropriate to meet their needs – whether balance of convenience favours granting injunction

Legislation: Constitution s 61 Judiciary Act 1903 (Cth) s 55ZF Migration Act 1958 (Cth) s 198AHA Legal Services Directions 2017 (Cth) Sch 1, Appendix B

Cases cited: ABAR15 v Minister for Immigration and Border Protection [2016] FCA 363 Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Beecham Group Limited v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 Bullock v The Federated Furnishing Trades Society of Australasia (No 1) (1985) 5 FCR 464 DCQ18 v Minister for Home Affairs [2018] FCA 918 FRX17 v Minister for Immigration and Border Protection [2018] FCA 63 MZYYR v Secretary, Department of Immigration and Citizenship [2012] FCA 694; 292 ALR 659 Re Minister for Immigration and Multicultural Affairs; Ex parte Fejzullahu [2000] HCA 23; 171 ALR 341 S v Secretary, Department of Immigration and Multicultural and Indigenous Affairs (2005) 143 FCR 217 SZTZM v Minister for Immigration and Border Protection [2017] FCA 534