Immigration - Removal of immigrant from Australia - Claim of refugee status - Assertion of persecution by repeated rape whilst in official custody - Allegation of well-founded fear if returned to country of former habitual residence - Argument that Refugee Review Tribunal failed to deal with allegation - Request for interlocutory injunction to restrain immediate removal from Australia - Arguability of ground - Unavailability of further review in Federal Court - Exclusion of judicial review by Federal Court - Protection of utility of application to High Court for constitutional writ directed to Tribunal - Balance of convenience - Interlocutory injunction issued.
Practice - High Court - Interlocutory injunction - Protection of utility of application under Constitution, s 75(v) - Threatened removal of prosecutor from Australia - Exclusion of judicial review in Federal Court by Migration Act 1958 (Cth), s 476 - Arguability of contentions - Need for further evidence - Balance of convenience - Temporary injunction granted.
Constitution, s 75(v).
Migration Act 1958 (Cth), s 476.