Justices say the facts of the case – in terms of any breach of duty of care towards the girl – need to be determined first
The federal court has stymied the government’s attempt to challenge its jurisdiction to order that sick asylum seekers and refugees be brought to Australia.
Lawyers for the Department of Home Affairs pushed for the hearing as part of an undertaking they gave last month to bring a gravely ill 11-year-old girl from Nauru to Australia for urgent medical treatment.
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