SZGIZ v Minister for Immigration

The applicant, a citizen of Hungary, sought an injunction to prevent their removal from Australia. The Minister for Immigration was the respondent. The Federal Circuit and Family Court of Australia heard the matter. The applicant argued that if removed, they would face a real risk of persecution in their home country. They also sought an extension of time to file further evidence.

The court needed to decide whether the applicant had demonstrated a genuine risk of persecution if returned to Hungary, and if so, whether an injunction should issue. The court also considered whether the applicant's application for an extension of time should be granted.

The court found that the applicant had demonstrated a real risk of persecution if returned to Hungary. The court determined that the evidence of the risk of persecution was credible and compelling. The court also granted the applicant an extension of time to file further evidence. The court issued an interim injunction preventing the applicant's removal until the matter was heard and determined. The court set down the matter for a final hearing and provided directions for the filing of evidence and written submissions by both parties.

The court ordered that the respondent and their agents not remove the applicant from Australia pending further order of the Court. The matter was set down for final hearing on 5 November 2012. The applicant was granted liberty to apply for further directions on three clear days notice. The costs of the listing were costs in the cause.