Madafferi v Minister for Immigration and Multicultural Affairs

Madafferi, the applicant, sought judicial review of a decision made by the Minister for Immigration and Multicultural Affairs, the respondent, which found that the applicant was an unlawful non-citizen and ordered his deportation. The case was heard in the Federal Court of Australia. The applicant argued that the decision was flawed due to errors in law and procedure, and sought an injunction to prevent his deportation until the matter was resolved.

The court was tasked with determining whether the Minister's decision to declare the applicant an unlawful non-citizen was lawful, and whether the applicant was entitled to an injunction pending the outcome of the judicial review. The court also needed to consider the appropriate procedural directions to manage the case effectively.

The court found that there were arguable grounds for the applicant's claims and that he had a real prospect of success. Therefore, the applicant was granted an injunction preventing the respondent from treating him as an unlawful non-citizen while the judicial review proceeded. The court outlined specific procedural directions, including deadlines for the filing of affidavits and the scheduling of the trial. The matter was set for a directions hearing and a trial date.