Federal Court: Minister cancelled Appellant's visa and detained him. Appellant applied to FCA for extension of time to file application seeking judicial review of cancellation decision. FCA dismissed that application on 18 Dec 2019 and delivered ex tempore reasons. DHA was going to remove Appellant on 7 Jan 2020. On 6 Jan 2020, self-represented Appellant: filed late appeal of the FCA's decision (presumably to FCAFC); did not apply for an extension of time to appeal; and also applied for an urgent injunction to restrain his removal. By the date of the decision on the injunction application, 6 Jan 2020, FCA still had not published its reasons nor formally entered its order. Was injunction granted? Injunction application was decided by a different single judge of the Federal Court, not the FCAFC.
The questions to the other single judge of the Federal Court were as follows:
Question 1: In order for an injunction to be granted, must the Appellant "demonstrate a serious issue that there is error in the judgment of" the FCA?
Question 2: Is it "necessary for the purpose of preserving the subject matter of the appeal to grant the appellant the order he seeks"?
That other single judge of the Federal Court answered those questions as follows: