Success Australia Group Pty Ltd v Minister for Immigration (No.2)

Success Australia Group Pty Ltd (the applicant) sought an injunction against the Minister for Immigration (the respondent) concerning a primary decision made under the *Migration Act 1958* (Cth). The dispute centred on the applicant's contention that the Minister's decision was invalid.

The primary legal issue before the Court was whether it possessed the jurisdiction to grant an injunction in relation to a primary decision made under the *Migration Act*. A secondary issue concerned the appropriate basis for assessing costs, specifically whether the proceedings were unreasonable, thus warranting taxation according to a costs schedule.

Judge Lucev determined that the Court did not have the jurisdiction to grant the injunction sought. His Honour reasoned that the *Migration Act* did not confer such power on the Court in relation to primary decisions. Consequently, the application for an injunction was dismissed. The Court also made orders regarding costs.