The full bench of the Federal Court of Australia today dismissed the Morrison Government’s appeal of a Federal Court decision that required it to consider Medevac applications of sick women and men in Nauru who are barred from engaging in telehealth consultations with Australian doctors.

Following the passing of the Medevac laws in February 2019, the Nauruan Government passed regulations that prevented refugees in Nauru from telehealth consultations with doctors registered outside of Nauru.

In June 2019, the Morrison Government refused to consider the case of a critically ill refugee because he was prevented from speaking to his Australian-based doctors by the new Nauruan regulation. The Federal Court ruled that the two doctors’ assessment of his detailed medical records and their opinion that he required urgent treatment should be considered by the Government under the Medevac laws.

The Morrison Government appealed the Federal Court’s decision, but a full bench of the Federal Court today unanimously dismissed the appeal.

David Burke, Legal Director with the Human Rights Law Centre, who acted for the refugee, said:

“The Court’s decision confirms the Morrison Government had been unlawfully ignoring Medevac applications from sick women and men on Nauru. These applications are made for people who have been blocked by the Nauruan Government from having a telehealth consultation with Australian doctors. Every day in Australian hospitals, surgeons and specialists give advice about the treatment patients need based on medical records and test results. The applications are entirely in line with Australian medical standards.”

“In bringing this appeal to try to avoid simply having to consider applications from sick people who need medical treatment, the Morrison Government has once again shown it is driven by cruelty and bloody mindedness on this issue.”

The Court’s judgment did not change the Medevac laws. It simply confirmed that people on Nauru can apply for the Medevac process.

The critically ill man’s application was subsequently approved by the Minister after the Independent Health Assessment Panel that is part of the Medevac legislation, agreed that he needed to be transferred from Nauru for medical treatment.

“There are women and men who have spent more than six years languishing in offshore detention without access to proper medical care. Rather than fighting tooth and nail to prevent sick people even submitting Medevac applications, the Morrison Government should be finding a solution to this humanitarian crisis,” said Mr Burke.

Media contact:

Michelle Bennett, Communications Director, Human Rights Law Centre, 0419 100 519