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On 2 December 2020, the High Court of Australia handed down its ruling in the landmark test case of
Minister for Home Affairs & Ors v DMA18 as litigation guardian for DLZ18 [2020] HCA 43 and associated appeals. In a group of proceedings alleging that the Commonwealth has breached its duty of care to refugees in off-shore detention, the High Court determined that the Federal Court of Australia has jurisdiction to hear these claims by “transitory persons” against the Commonwealth government.
Over the course of a number of months in 2018 and 2019, approximately 50 refugees and their families brought claims in the Federal Court seeking evacuation from Nauru to receive urgent medical treatment. All of these claims were successful with court orders made requiring that the refugees be evacuated to Australia. The court proceedings filed against the Commonwealth also sought dam