Gamage v Minister for Immigration and Ors (No.2)

The applicant sought an interim injunction to prevent his deportation while his application for judicial review of a decision to refuse his student visa was being considered. The matter was heard in the Federal Court of Australia. The applicant argued that there was a serious issue to be tried in his application for judicial review, and that the balance of convenience favoured granting the injunction.

The court considered the criteria for granting an interim injunction, including whether there was a serious issue to be tried and whether the balance of convenience favoured the applicant. The court found that while the applicant had raised arguable grounds for his application for judicial review, the balance of convenience did not favour granting the injunction. The court noted that the applicant's continued presence in Australia would have a significant impact on his ability to pursue his application for judicial review, but that this was outweighed by the importance of enforcing the law and maintaining the integrity of the migration system.

The application for injunctive relief was dismissed. The court ordered that the name of the second respondent be amended to Migration Review Tribunal and that the third respondent be deleted as a respondent to the application. The applicant was also ordered to pay costs in the sum of $1075 to the first respondent by a specified date.