Somba v Minister for Home Affairs

In the case of Somba v Minister for Home Affairs, the applicant, Mr Somba, sought an interlocutory injunction preventing his deportation from Australia. Mr Somba had applied for review of a decision by a delegate of the Minister for Home Affairs under section 501CA(4) of the Migration Act 1958 (Cth) to revoke his visa. The Administrative Appeals Tribunal (AAT) dismissed Mr Somba's application for review in his absence pursuant to section 42A(2) of the Administrative Appeals Tribunal Act 1975 (Cth). The AAT also dismissed a subsequent application for reinstatement under section 42A(9) of the AAT Act. Mr Somba applied for interlocutory relief preventing his removal from Australia, raising a question as to the operation of section 500(6L) of the Migration Act.

The court was required to determine whether Mr Somba had a prima facie case with a sufficient likelihood of success to justify the preservation of the status quo pending trial, and whether the balance of convenience favoured the granting of the injunction. The court considered that the applicant's argument was at least arguable, and the balance of convenience strongly favoured him. The court held that it was appropriate to grant the interlocutory relief sought.

The court restrained the Minister from removing Mr Somba from Australia until further order. The matter was listed for a case management hearing on 5 July 2018, with the applicant to appear either by video link or telephone. The applicant was referred to a lawyer for legal assistance, and costs were reserved. The court concluded that the balance of convenience strongly favoured Mr Somba, and the argument he wished to put was at least arguable, justifying the preservation of the status quo pending trial. The court granted the interlocutory relief sought and made the orders as outlined above.