Orro v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

In the Federal Circuit and Family Court of Australia, Judge Street considered an interlocutory application by Mr. Orro seeking an injunction to prevent his removal from Australia. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs was the respondent. Mr. Orro contended that the decision to cancel his visa was unlawful, primarily on the grounds that he had not been provided with notice of the reasons for cancellation, thereby failing to comply with section 107 of the *Migration Act 1958* (Cth). He also argued that the cancellation decision was legally unreasonable and that he had been denied procedural fairness.

The central legal issue before the Court was whether Mr. Orro had established a prima facie case for the grant of interlocutory injunctive relief. This required the Court to assess the strength of his arguments regarding the alleged non-compliance with section 107, the unreasonableness of the cancellation decision, and the denial of procedural fairness. The Court had to determine if these grounds, if made out, were sufficient to warrant the extraordinary measure of an injunction to restrain his removal from Australia pending the final determination of his substantive claims.

Judge Street dismissed the interlocutory application, finding that Mr. Orro had not established a prima facie case for the grant of injunctive relief. While the Court granted leave to file the documents relied upon by the applicant, it concluded that the threshold for granting an injunction had not been met. Consequently, no injunction was put in place restraining Mr. Orro's removal. The Court reserved its reasons for the decision, which would be published at a later date, and noted that any application for costs would be dealt with separately.