DJS17 v Minister for Immigration

The applicant, DJS17, sought an injunction to prevent their removal from Australia, pending the determination of an application for judicial review of a decision made by the Administrative Appeals Tribunal. The matter came before Emmett J of the Federal Court of Australia.

The central legal issues before the Court were whether there was a serious question to be tried regarding the applicant's proposed application for judicial review, whether the applicant had provided a satisfactory explanation for the delay in filing that application, and whether the application had sufficient prospects of success to warrant an extension of time for filing. The Court was also required to consider whether the balance of convenience favoured the granting of an injunction.

Emmett J reasoned that for an injunction to be granted, the applicant must demonstrate that there is a serious question to be tried and that the balance of convenience favours the granting of the injunction. His Honour found that the applicant had not established a serious question to be tried, nor had they provided a satisfactory explanation for the significant delay in seeking judicial review. Consequently, the Court determined that it would not be in the interests of justice to extend the time for filing the application for judicial review.

The application for an injunction was refused.