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Federal Court rules that Medevac assessments by Australian doctors must be considered by Minister

On 19 June 2019, the Federal Court of Australia ruled that the Australian Government has to consider applications for refugees on Manus and Nauru made under the Medevac laws that are made in line with standard Australian medical practices.

In its findings, the Court noted expert opinion that medical professionals can evaluate a patient’s need for further assessment or treatment, without any personal engagement with the patient, on the basis of notes of other practitioners or information gathered from third parties.

Shortly after the Medevac laws passed, the Nauruan government passed legislation to ban doctors speaking with patients on Nauru for the purpose of medical assessment. David Burke, a Senior Lawyer with the Human Rights Law Centre said:

“At every step of the way the Medevac bill was informed by Australian doctors and backed by the Australian Medical Association. The Court’s decisions shows that the Government has been unlawfully trying to prevent seriously ill people from accessing the Medevac Laws.”

Source: Federal-Court-rules-that-Medevac-assessments-by-Aus-doctors-must-be-considered.pdf

and Greens-welcome-Fed-Court-Judgement.pdf

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