APF23 v Minister for Immigration, Citizenship and Multicultural Affairs

In APF23 v Minister for Immigration, Citizenship and Multicultural Affairs, APF23, an unlawful non-citizen, sought an interlocutory injunction to prevent their removal from Australia. The Minister for Immigration, Citizenship and Multicultural Affairs opposed the application on the basis of APF23's migration history and medical condition. The Federal Circuit Court of Australia was tasked with determining whether to grant the injunction, balancing APF23's right to remain in Australia against the Minister's obligations under the Migration Act.

The primary legal issues the Court had to decide were whether there was a serious question to be tried and whether the balance of convenience favoured APF23 or the Minister. APF23 needed to demonstrate a sufficient likelihood of success at the final hearing to justify the injunction, and the Court had to weigh the potential harm to APF23 if the injunction was denied against the harm to the Minister if the injunction was granted. The Court examined the assessments of APF23's medical condition and the Minister's protection obligations, as outlined in the affidavits of Ms Mumford.

The Court concluded that APF23's application for an interlocutory injunction should be dismissed. The Court found that there was no serious question to be tried, as APF23 had not demonstrated a sufficient likelihood of success at the final hearing. Furthermore, the balance of convenience weighed significantly in favour of the Minister, given the Minister's protection obligations and the lack of impediment to APF23's removal. The Court also noted that APF23's migration history, including the previous refusal of a visa and the dismissal of a judicial review application, did not support the granting of an injunction.

In conclusion, the Court dismissed APF23's application for an interlocutory injunction, finding that neither limb of the test for the injunction was satisfied. The Court will hear the parties as to costs.