AEF15 v Minister for Immigration and Border Protection Tribunal

AEF15, an individual, filed an application in the Federal Circuit Court of Australia seeking to restrain his removal from Australia. The Minister for Immigration and Border Protection responded to the application. The applicant's application was dismissed in the Federal Circuit Court of Australia. The applicant then filed an interlocutory application in the Federal Circuit Court of Australia seeking to restrain his removal from Australia.

The legal issues before the court were whether the applicant's application should be granted and, if so, on what terms. The court found that the applicant should be referred to a lawyer for legal assistance and that the applicant's application should be restrained until a further hearing. The court found that the applicant had not demonstrated that he had a substantial question to be tried on the hearing of the applicant's substantive application. The court found that the applicant had not demonstrated that there were exceptional circumstances which justified the grant of leave to appeal.

The court restrained the Minister for Immigration and Border Protection from removing the applicant from Australia until a further hearing. The court adjourned the hearing to a later date and ordered that the applicant file and serve any amended application for extension of time and leave to appeal, and any amended draft notice to appeal, by a certain time. The court reserved the costs of the hearing.

The orders of the court were that the applicant be referred to a lawyer for legal assistance, that the applicant file and serve any amended application for extension of time and leave to appeal, and any amended draft notice to appeal, by a certain time, that the Minister for Immigration and Border Protection be restrained from removing the applicant from Australia until a further hearing, that the applicant's application be adjourned for further hearing at a certain time, and that the costs of the hearing be reserved.