Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BKP19 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2019] FCA 761 File number: NSD 512 of 2019
Judge: ROBERTSON J
Date of judgment: 20 May 2019
Catchwords: PRACTICE AND PROCEDURE – application for urgent interlocutory relief where applicant requires urgent psychiatric treatment, against a history of attempts to take his own life – applicant a refugee on Nauru – decision of Overseas Medical Referral Committee of Nauru approving applicant's travel to Taiwan for urgent dental treatment
Cases cited: R v Ross-Jones; Ex parte Green [1984] HCA 82; 156 CLR 185 Tait v The Queen (1962) 108 CLR 620
Date of hearing: 20 May 2019
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 15
Counsel for the Applicant: Mr DA Hughes with Mr DK Smith
Solicitor for the Applicant: Legal Aid NSW
Counsel for the Respondents: Mr PM Knowles
Solicitor for the Respondents: Australian Government Solicitor
ORDERS NSD 512 of 2019
BETWEEN: BKP19 Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS First Respondent
COMMONWEALTH OF AUSTRALIA Second Respondent
JUDGE: ROBERTSON J DATE OF ORDER: 20 May 2019
THE COURT ORDERS THAT:
Until further order and without prejudice to the renewal of the applicant's application for his proposed order 2:
1. The respondents take all steps within their power to expedite the finalisation of the Taiwan Adventist Hospital's agreement to receive the applicant. 2. If and when the Taiwan Adventist Hospital agrees to receive the applicant, the respondents take all necessary steps to assist in the applicant's removal to Taiwan consistently with the decision of the Overseas Medical Referral Committee dated 2 May 2019. 3. If the applicant has not been transferred to Taiwan by 5 PM on 27 May 2019, the first respondent file and serve an affidavit setting out the steps taken in pursuance of orders 1 and 2. 4. The matter be relisted at 9.00 AM on 30 May 2019. 5. Liberty to apply on short notice. 6. Costs reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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