Cac19 v Minister for Home Affairs

The applicant, Cac19, sought judicial review of a decision by the Administrative Appeals Tribunal. Cac19 was facing immediate removal from Australia and contended that such removal would cause them serious harm. The Minister for Home Affairs was the respondent. The matter came before Judge Riethmuller of the Federal Court of Australia.

The central legal issue before the Court was the interpretation of "serious harm" as defined in section 36(2)(aa) of the *Migration Act 1958* (Cth). Specifically, the Court was required to determine whether the separation of family members could constitute serious harm for the purposes of this provision, a question on which there were conflicting judicial authorities. The Court also considered the balance of convenience in relation to an application for an interlocutory injunction.

Judge Riethmuller acknowledged the conflicting authorities regarding whether family separation could amount to serious harm. The Court noted that the assessment of serious harm is a factual one, requiring careful consideration of the specific circumstances of the individual. In granting an interlocutory injunction to restrain the Minister from removing the applicant until the judicial review application was heard, the Court found that the balance of convenience favoured the applicant. The Court also ordered that the matter be listed for hearing with priority.