Hillman-McLean v Minister for Immigration (No.2)

Hillman-McLean (the applicant) sought an interlocutory injunction against the Minister for Immigration (the respondent). The dispute concerned the applicant's alleged lack of access to facilities consistent with section 256 of the *Migration Act 1958* (Cth). The application was heard by Judge Street.

The primary legal issue before the court was whether the applicant had established a prima facie case for the grant of an interlocutory injunction. This required the court to consider whether the applicant had demonstrated a sufficient likelihood of success in establishing a breach of section 256 of the *Migration Act 1958* (Cth) and whether the balance of convenience favoured the grant of the injunction.

Judge Street dismissed the application, finding that the applicant had not made out a prima facie case. The court determined that the evidence presented did not demonstrate that the applicant was being denied access to facilities in a manner that would constitute a breach of section 256 of the *Migration Act 1958* (Cth). Consequently, the threshold for granting an interlocutory injunction was not met.