Asylum Seeker Law

PIAC successfully represented a client who sought a Bridging Visa E which is provided to a "non-citizen" who, owing to a medical condition, cannot be cared for in detention. Our client was in detention pending a Full Federal Court appeal against refusal to grant him a protection visa. A prerequisite to obtaining the Bridging Visa E is that 'a medical specialist appointed by Immigration has certified that the non-citizen cannot properly be cared for in a detention environment.' Our client made a number of applications to the Minister for Immigration for a Bridging Visa E and requested the Minister to authorise a medical assessment. These applications contained evidence of our client's condition. The Minister failed to respond to requests for an assessment and refused the Bridging Visa E arguing that the requisite medical assessment had not been carried out. After three months of delay by the Minister, PIAC lodged an application in the Federal Court for an order compelling the Minister to have the medical assessment carried out. The Minister initially opposed the application but at the first directions hearing agreed to ensure that the assessment was carried out. The assessment was subsequently carried out and our client was granted a Bridging Visa E. Our client sought his costs of the application, arguing that the application was necessary only because the Minister refused to perform his duty despite numerous requests. Justice Sackville awarded costs against the Minister.