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50 offshore detention challenges to move forward after test case win
More than 50 cases alleging that the Commonwealth was negligent with the healthcare of asylum seekers and refugees will proceed after a High Court decision ruled it would allow them to be heard in the Federal Court at no additional costs or delays.
Naomi Neilson
Asylum seekers and refugees held in the offshore detention centres in both Nauru and Manus Island can now seek “urgent, lifesaving treatment” after the High Court ruled in favour of test cases brought by Maurice Blackburn and the National Justice Project.
Maurice Blackburn principal lawyer Jennifer Kanis, who heads the social justice group, welcomed the decision, saying it provided a pathway for current and future legal claims regarding standards of healthcare in offshore detention and would provide certainty in other courts that they have the power to hear the healthcare claims.
“The decision means that refugees and asylum seekers will not have to endure any of the additional cost, inconvenience and delay of bringing healthcare claims through the High Court, which could have had disastrous consequences for their health,” she said.
“This is an important precedent regarding where asylum seekers claims challenge the adequacy of healthcare should be heard, and ensures that the Commonwealth is held to account in a timely manner over the way they treat these children.”
The firm, which brought the cases on behalf of four children, said those in the detention centres have already experienced delays in accessing any “critical and lifesaving” care because of the Commonwealth’s offshore detention policy. It is looking forward to each of the 50 cases making it to court after two years of waiting for this High Court win.
“Children held in offshore detention due to Australian government policy have the right to be treated compassionately and receive the same standards of care as all children in Australia. We allege the Australian government owed these people a duty of care – instead, they pursued this legal challenge to the highest court,” Ms Kanis said.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
