D2 v Commonwealth of Australia (No 2)

In *D2 v Commonwealth of Australia (No 2)*, Judge Young of the Federal Court of Australia considered an application for an interim injunction. The applicant, held in immigration detention, sought to restrain the Australian Criminal Intelligence Commission (ACIC) from compelling their attendance at an examination, pursuant to a summons issued by the ACIC. The examination was to be conducted within the immigration detention centre.

The central legal issues before the Court were whether there was a serious question to be tried regarding the lawfulness of the ACIC's actions, and specifically, whether the conducting of the examination constituted an unlawful use of the power of detention under the *Migration Act 1958* (Cth). The applicant contended that the examination was outside the purpose for which they were being detained.

Judge Young was not satisfied that there was any unlawful use of the power of detention. The Court found that the examination, being conducted within the detention facility, did not extend beyond the legitimate purposes of immigration detention. Consequently, the Court was not satisfied that a serious question to be tried had been established.

The application for an interim injunction was otherwise dismissed. The Court also made orders regarding the use of a pseudonym for the applicant, adjourned the matter for further consideration, and reserved costs.