D1 v Commonwealth of Australia (No 2)

The applicant, identified by the pseudonym D1, sought an interim injunction to prevent the Australian Criminal Intelligence Commission (ACIC) from compelling attendance at an examination pursuant to a summons. D1, who was held in immigration detention under the *Migration Act 1958* (Cth), argued that the examination, to be conducted within the detention centre, was outside the lawful purpose of their detention. The matter came before Judge Young.

The central legal issues before the court were whether there was a serious question to be tried regarding the lawfulness of the ACIC's examination process in the context of immigration detention, and whether the ACIC's power to compel attendance at the examination was being unlawfully exercised. The court was required to determine if the conducting of the examination constituted an unlawful use of the power of detention under the *Migration Act 1958* (Cth).

Judge Young was not satisfied that there was a serious question to be tried, nor that the conducting of the examination within the immigration detention centre represented an unlawful use of the power of detention. Consequently, the application for an interim injunction was dismissed. The court also ordered that the applicant be referred to as "D1" and adjourned the matter for further consideration, reserving costs.