BDJ16 v Minister for Immigration and Border Protection & Ors

This matter came before the High Court of Australia concerning an application by BDJ16 for an injunction to restrain the Minister for Immigration and Border Protection from removing him from Australia. BDJ16 sought this injunction pending the hearing of his application for an order to show cause why certiorari should not issue to quash a decision of the Administrative Appeals Tribunal. The Tribunal's decision had affirmed a delegate's refusal to grant BDJ16 a protection visa.

The central legal issue before the Court was whether to grant the interlocutory injunction sought by BDJ16. However, upon the matter being called on for hearing, BDJ16, through his interpreter, indicated his wish to withdraw the application for injunction. This withdrawal was predicated on BDJ16's stated desire to return to Fiji, the country from which he had come.

Given BDJ16's withdrawal of the injunction application and his expressed intention to return to Fiji, the Court ordered that the application for injunction be dismissed. Furthermore, BDJ16 was ordered to pay the first respondent's costs of that application. Subsequently, the Minister sought the dismissal of BDJ16's application for an order to show cause, to which BDJ16 agreed. The Court therefore also dismissed the application for an order to show cause, with costs awarded to the respondent.