D1 v Commonwealth of Australia

The applicant, D1, an unlawful non-citizen held in immigration detention, sought an interim injunction against the Commonwealth of Australia and other respondents. The dispute arose from D1 being summonsed to appear for examination at the Australian Criminal Intelligence Commission. D1 contended that granting the injunction was appropriate.

The court was required to determine whether there was a serious question to be tried, whether the applicant was likely to suffer irreparable damage if the injunction was not granted, and where the balance of convenience lay. These are the established criteria for the grant of an interim injunction.

The court was satisfied that the criteria for granting an interim injunction were met. Accordingly, the court ordered that the respondents be restrained from transporting the applicant for the purpose of compliance with the summons to appear for examination at the Australian Criminal Intelligence Commission. The proceedings were adjourned for further argument, with leave granted for the applicant to file and serve any amended application within seven days, and costs were reserved.