AKW22 v Commonwealth of Australia

The applicant, AKW22, sought an urgent interlocutory application to prevent their removal from Australia while their appeal against a decision to summarily dismiss a claim for damages for false imprisonment was being processed. The respondent was the Commonwealth of Australia. The central issue before the court was whether the applicant's removal would make their appeal and claim for relief redundant, considering that the applicant's immigration status was not in question. The court had to determine if the balance of convenience favoured the applicant or the respondent.

The court examined the possibility of the applicant pursuing their appeal even if they were deported and weighed this against the potential hardship and inconvenience to the applicant if they were removed. It concluded that the balance of convenience favoured the respondent. The court held that the applicant's removal would not render their appeal and claim for relief redundant and that the applicant could still pursue their legal remedies from abroad. Consequently, the court dismissed the applicant's interlocutory application.

The court ordered that the applicant's interlocutory application dated 7 July 2023 be dismissed and that the applicant pay the respondent's costs of the application. These costs were to be assessed on a lump sum basis by a registrar of the court if not agreed upon. The entry of these orders was governed by Rule 39.32 of the Federal Court Rules 2011.