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Stay of Immigration Division release order granted due to real probability of flight risk.
The Minister sought a stay of an Immigration Division order releasing the respondent from detention, pending an application for leave and judicial review.
The respondent had a history of non-compliance with removal orders and significant mental health challenges, including suicidal ideation.
The Federal Court granted the stay, finding the Minister met the RJR-MacDonald test.
The Court found a serious issue regarding the unreasonableness of the finding that the bondsperson would be effective, irreparable harm due to the real probability of failure to report for removal, and that the balance of convenience favoured continuing detention given the lack of community supports.
