Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
FJG18 v Minister for Immigration, Citizenship and Multicultural Affairs [2018] FCA 1585 File number: VID 1326 of 2018
Judge: BROMBERG J
Date of judgment: 19 October 2018
Catchwords: NEGLIGENCE – application for interlocutory injunction requiring the transfer of the applicant to Australia to receive urgent medical treatment – duty of care owed by respondents to an applicant brought to Nauru under the Migration Act 1958 (Cth) PRACTICE AND PROCEDURE – principles relevant to grant of interlocutory injunction – where the balance of convenience lies – timing of transfer – possibility of difficulties in securing transfer – injunction granted to require the respondents to transfer the applicant to Australia to receive urgent medical treatment
Legislation: Federal Court of Australia Act 1976 (Cth), ss 37AF, 37AG
Cases cited: AYX18 v Minister for Home Affairs [2018] FCA 283 BAF18 as litigation representative for BAG18 v Minister for Home Affairs [2018] FCA 1060 D7 v Minister for Immigration and Border Protection [2016] FCA 1331 DCQ18 v Minister for Home Affairs [2018] FCA 918 EHW 18 v Minister for Home Affairs [2015] FCA 1350 ELF18 v Minister for Home Affairs [2018] FCA 1368 EMK18 v Minister for Home Affairs [2018] FCA 1357 EUB18 v Minister for Home Affairs [2018] FCA 1432 FRX17 as litigation representative for FRM17 v Minister for Immigration and Border Protection [2018] FCA 63 Plaintiff S99/2016 v Minister for Immigration and Border Protection (2009) 243 FCR 17
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