FEL19 v Minister for Immigration

The applicant, FEL19, sought an interlocutory injunction from the Federal Court of Australia to restrain the Minister for Immigration from deporting them. This request arose in the context of ongoing judicial review proceedings concerning a decision made by the Immigration Assessment Authority. A significant factor in the proceedings was the applicant's receipt of a notice of intention to remove them from Australia only three days prior to the first court date.

The central legal issue before the Court was whether to grant an interlocutory injunction to prevent the applicant's removal. This required the Court to consider the applicant's prospects of success in their application for an extension of time to seek judicial review, particularly in light of their foreshadowed intention to provide further evidence. The Court also had to assess whether the balance of convenience favoured granting the injunction.

In reaching its decision, the Court applied the principles governing the grant of interlocutory injunctions. It considered the strength of the applicant's case for an extension of time, weighing the potential prejudice to the applicant if removed against the potential prejudice to the Minister if the injunction were granted. The Court noted the applicant's stated intention to provide further evidence as a relevant factor in assessing the merits of their application for an extension of time. The Court ultimately found that the applicant had not demonstrated a sufficient likelihood of success in their application for an extension of time to warrant the grant of an interlocutory injunction.