By KIM VUGA
JUNE 18, 2019
The Federal Court has ruled yesterday that refugees and asylum-seekers should be allowed to be transferred to Australia for medical reasons.
The latest ruling overturns laws that were passed by Labor and the crossbench in March 2019, whereby two treating doctors were required to interview illegals if they claimed that they were suffering from an injury or an illness before approving their transfer.
The Federal court found that doctors could now review case files without even consulting with the patient.
The government claims that the ruling effectively watered down laws which had already been labelled dangerous.
The Morrison government will try and repeal the laws when parliament resumes which could end in yet another battle in the High Court to have the laws overturned.
Previously doctors were required to do the consultations with the patient via skype or in person.
On Tuesday Justice Mordecai Bromberg ruled that a 29-year-old refugee male who arrived by boat from Iraq six years ago and was sent to Nauru should now be brought to Australia under the laws.
The controversial ‘Medivac laws’ were put in place to make it easier to allow illegals to be transferred from Nauru and Manus Island to Australia with only two doctor’s recommendations that a patient should be transferred.
However, now doctors don’t even have to sight the patient, only read their files.
Illegals must return to Nauru after medical treatment in Australia, although the government have no powers to send them back and is not allowed to force them to return, leaving the door open as many illegals will try to stay permanently once on Australian soil.
The new laws will set a very dangerous precedent if the coalition is not able to overturn the laws in the High Court. Because once the illegal refugees come here they will seek legal services to challenge the governments attempts to send them back to Nauru.
The latest ruling will no doubt entice a flood of illegals who will abuse the system to get off the Islands with the support of refugee advocates and Human Rights lawyers.