Arkan v Minister for Immigration and Multicultural Affairs

The applicants in this case, Arkan, sought an interlocutory injunction to stay the Minister for Immigration and Multicultural Affairs' decision to cancel their visa on the basis of character grounds. The application was heard in the Federal Court of Australia. The applicants argued that the decision was unreasonable and that they had not been afforded procedural fairness.

The court was required to determine whether the applicants had a sufficient arguable case for a substantive claim for judicial review, whether they had demonstrated that they had a serious question to be tried, and whether the balance of convenience favoured granting an interlocutory injunction. The court considered the evidence presented by the applicants and the Minister, as well as relevant case law.

The court found that the applicants had not established that they had a sufficient arguable case for a substantive claim for judicial review. The court held that the applicants had not demonstrated that they had a serious question to be tried, as the evidence did not support their claims. The court also found that the balance of convenience did not favour granting an interlocutory injunction. The court dismissed the application for a stay and ordered the applicants to pay the costs of the respondent.