Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BNL20 v Minister for Home Affairs [2020] FCA 1180 File number: VID 239 of 2020
Judge: MURPHY J
Date of judgment: 10 August 2020
Date of publication of reasons: 17 August 2020
Catchwords: PRACTICE AND PROCEDURE – application for urgent interlocutory injunction to cease to detain the applicant in an immigration detention centre in Victoria because of the risk of contracting COVID-19 – the duty of care of the Commonwealth to exercise reasonable care in all the circumstances in relation to the health and safety of persons in immigration detention – whether there is a real risk that SARS-CoV-2 will enter the detention centre and that the applicant will contract COVID-19 – whether there is a real risk that the applicant will suffer seriously adverse health consequences or die – serious question to be tried that the Commonwealth is in continuing breach of its duty of care to the applicant – balance of convenience favours the applicant – injunction granted requiring that the applicant no longer be detained at the detention centre
Legislation: Australian Security Intelligence Organisation Act 1979 (Cth) Judiciary Act 1903 (Cth) Migration Act 1958 (Cth) Emergency Management Act 1986 (Vic) Public Health and Wellbeing Act 2008 (Vic)
Cases cited: AS v Minister for Immigration and Border Protection [2014] VSC 593 Assistant Minister for Immigration and Border Protection v Splendido [2019] FCAFC 132; (2017) 271 FCR 595 Australian Broadcasting Corporation v O'Neill [2006] HCA 46; (2006) 227 CLR 57 Australian Competition and Consumer Commission v Allphones Retail Pty Ltd (No 2) [2009] FCA 17; (2009) 253 ALR 324 AYX18 v Minister for Home Affairs [2018] FCA 283 BAF18 v Minister for Home Affairs [2018] FCA 1060; (2018) 162 ALD 115 Beecham Group Ltd v Bristol Laboratories Pty Ltd [1968] HCA 1; (1968) 118 CLR 618 Businessworld Computers Pty Ltd v Australian Telecommunications Commission [1988] FCA 206; (1982) 82 ALR 499 Caltex Refineries (Qld) Pty Ltd v Stavar [2009] NSWCA 258; (2009) 75 NSWLR 649 DCQ18 v Minister for Home Affairs [2018] FCA 918 DJA18 v Minister for Home Affairs [2018] FCA 1050 Fernando v Minister for Immigration and Citizenship [2007] FCA 1203; (2007) 165 FCR 471 FRX17 v Minister for Immigration and Border Protection [2018] FCA 63; (2018) 262 FCR 1 Graigola Merthyr Company, Limited v Mayor, Aldermen and Burgesses of Swansea [1928] Ch 235 Gregg v Scott [2005] 2 AC 176 Kolback Securities Ltd v Epoch Mining NL (1987) 8 NSWLR 533 Malec v JC Hutton Pty Ltd (1990) 169 CLR 638 MZYYR v Secretary, Department of Immigration and Citizenship [2012] FCA 694; (2012) 292 ALR 659 Plaintiff S99 v Minister for Immigration and Border Protection [2016] FCA 483; (2016) 243 FCR 17 S v Secretary, Department of Immigration, Multicultural and Indigenous Affairs [2005] FCA 549; (2005) 143 FCR 217 Secretary, Department of Immigration and Multicultural and Indigenous Affairs v Mastipour [2004] FCAFC 93; (2004) 207 ALR 83 Tabet v Gett [2010] HCA 12; (2010) 240 CLR 537 The Council of the Shire of Wyong v Shirt [1980] HCA 12; (1980) 146 CLR 40
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