CDO19 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCA 890

FEDERAL COURT OF AUSTRALIA

CDO19 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCA 890 File number: NSD 898 of 2019

Judge: FLICK J

Date of judgment: 12 June 2019

Catchwords: PRACTICE AND PROCEDURE – application for mandatory interlocutory injunction – principles relevant – serious question to be tried – balance of convenience – injunction granted to require the Respondents to transfer Applicant to Australia where Applicant can be provided with urgent medical treatment PRACTICE AND PROCEDURE – Departmental decision that Applicant should be transferred to Australia – contrary medical assessments being made in Nauru – utility in granting injunction – Respondent Minister already engaged in taking active steps to give effect to Departmental decision

Legislation: Migration Act 1958 (Cth) ss 198AB, 198AD, 198B, 476A, 494AB, Pt 8 Federal Court Rules 2011 (Cth) r 30.01

Cases cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46, (2006) 227 CLR 57 AYX18 v Minister for Home Affairs [2018] FCA 283 BAF18 as litigation representative for BAG18 v Minister for Home Affairs [2018] FCA 1060 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618 BKP19 v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2019] FCA 761 ELF18 v Minister for Home Affairs [2018] FCA 1368 EUB18 v Minister for Home Affairs [2018] FCA 1432 Plaintiff S99/2016 v Minister for Immigration & Border Protection [2016] FCA 483, (2016) 243 FCR 17 R v Ross-Jones; Ex parte Green (1984) 156 CLR 185