Dir19 v Minister for Home Affairs

The applicant, Dir19, sought an interlocutory order to prevent their removal or deportation from Australia. The respondent was the Minister for Home Affairs. The matter came before Judge McNab.

The central legal issue before the Court was whether an interlocutory injunction should be granted to restrain the applicant's removal from Australia pending the final determination of their substantive application. This required the Court to consider the principles governing the grant of interlocutory injunctions, particularly the balance of convenience.

Judge McNab applied the well-established principles for granting interlocutory injunctions. The Court considered the likelihood of the applicant ultimately succeeding in their substantive application, the potential for irreparable harm to the applicant if the injunction was not granted, and the potential harm to the respondent if the injunction was granted. The Court found that the balance of convenience favoured the grant of the interlocutory order.

The Court made an interlocutory injunction preventing the removal or deportation of the applicant from Australia.