In August, the Federal Court ordered the Minister for Home Affairs to urgently remove an elderly man with multiple health conditions from a Melbourne immigration detention centre to guard against the serious risk of COVID-19 infection.
The man was 68 years old and suffered from health issues including type-2 diabetes and high cholesterol, which meant he was at high risk of severe disease or death if he were to contract COVID-19.
Read MoreThe Full Court of the Federal Court of Australia has reminded Government decision-makers of their responsibility to properly consider risks of harm and threats to safety when cancelling or refusing a visa on ‘character’ grounds.
The Court unanimously ruled that the Assistant Minister made a jurisdictional error in deciding not to revoke the cancellation of Mr Omar’s visa, by failing to adequately consider risks of harm he would face on return to Somalia, including by deferring a consideration of Australia’s international non-refoulement obligations.
Read MoreThe Republic of Nauru v WET040 [2018] HCA 60
On 7 November 2018, the High Court of Australia (HCA), comprised of Gageler, Nettle and Edelman JJ, unanimously allowed an appeal from a decision of the Supreme Court of Nauru.
Read MoreTTY167 v Republic of Nauru
The High Court of Australia has decided that Nauru's Refugee Status Review Tribunal (Tribunal) acted unreasonably in refusing the appellant's protection application after the appellant failed to appear before the Tribunal at a scheduled hearing.
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