The applicant, a failed refugee claimant from Sri Lanka, sought an emergency interim injunction in the Superior Court of Justice to stay his removal after the Federal Court dismissed a similar application earlier the same day.
The Superior Court dismissed the application, holding that it should defer to the Federal Court, which has primary jurisdiction over immigration matters and provides an effective remedy.
The court also found that the applicant failed to establish irreparable harm to meet the test for an injunction.