BNC15 v Minister for Immigration and Border Protection

In the case of BNC15 v Minister for Immigration and Border Protection, the applicant, a citizen of Fiji, sought an injunction to prevent his removal from Australia and an extension of time to lodge an appeal. The Federal Court of Australia was required to determine whether the applicant's application had any prospects of success. The applicant's previous appeals against the cancellation of his visa and the refusal of his protection visa had been dismissed. Additionally, an appeal from the same decision of the Federal Circuit Court of Australia had been previously dismissed by consent.

The court considered the principles of res judicata and Anshun estoppel, which prevent the re-litigation of issues that have already been decided. Given the applicant's unsuccessful appeals and the dismissal of his application for special leave to appeal by the High Court of Australia, the court found that the applicant had no prospects of success. The court also examined the principles relevant to granting injunctive relief and concluded that the applicant had not demonstrated a prima facie case or a serious issue to be tried that would justify the grant of an interlocutory injunction.

The court dismissed the applicant's interlocutory application for an injunction and discharged the orders previously issued. The applicant was ordered to pay the first respondent's costs, to be assessed if not agreed. This decision highlights the importance of considering the principles of res judicata and Anshun estoppel when determining the prospects of success of an application for injunctive relief in immigration cases.