AZU19 v Commonwealth of Australia [2022] FCA 1495

AZU19 v Commonwealth of Australia [2022] FCA 1495

The injunction was warranted because AZU19 showed a prima facie case in his proposed judicial review, including an arguable challenge to the decision not to refer his s 48B request where the request appeared to address the Guidelines and rely on new country and non-refoulement information, and the balance of convenience plainly favoured him because removal to Sri Lanka would deny him the opportunity to pursue review and would expose him to irreparable injury for which damages would not be adequate compensation.

Jurisdiction
Australia
Judgment Date
14 December 2022
Procedural Posture
Migration; Urgent Application for Injunctive Relief Before Commencement of Foreshadowed Judicial Review Proceedings / Interlocutory Application Under Rule 7.01 of the Federal Court Rules 2011 (cth) to Restrain Removal From Australia
Outcome
Application for urgent injunctive relief granted.
Legal Topics
['protection Visa' 'ministerial Intervention Under S 48 B of the Migration Act 1958 (cth)' 'non Refoulement Obligations' 'interlocutory Injunction' 'judicial Review' 'removal From Australia']
['migration Law' 'administrative Law'] ['protection Visa' 'ministerial Intervention Under S 48 B of the Migration Act 1958 (cth)' 'non Refoulement Obligations' 'interlocutory Injunction' 'judicial Review' 'removal From Australia']

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Procedural Posture

Migration; Urgent Application for Injunctive Relief Before Commencement of Foreshadowed Judicial Review Proceedings / Interlocutory Application Under Rule 7.01 of the Federal Court Rules 2011 (cth) to Restrain Removal From Australia

Legal Issues

  1. 1 ['Whether an urgent injunction should be granted to restrain the respondents from removing AZU19 from Australia pending foreshadowed judicial review proceedings.' 'Whether AZU19 had shown a prima facie case in relation to a proposed challenge to the Departmental decision not to refer his s 48B request to the Minister.' 'Whether the balance of convenience favoured the grant of interlocutory relief.']

Ratio Decidendi

The injunction was warranted because AZU19 showed a prima facie case in his proposed judicial review, including an arguable challenge to the decision not to refer his s 48B request where the request appeared to address the Guidelines and rely on new country and non-refoulement information, and the balance of convenience plainly favoured him because removal to Sri Lanka would deny him the opportunity to pursue review and would expose him to irreparable injury for which damages would not be adequate compensation.

Court Disposition

Application for urgent injunctive relief granted.

Orders

  • ['Until further order, the Commonwealth of Australia and the Minister for Immigration, Citizenship and Multicultural Affairs, including by their officers, delegates or servants and agents, be restrained from removing the person identified as AZU19 from Australia.' 'By 4:30 pm on 28 December 2022, AZU19 file a...