The Minister sought an interim stay of an Immigration Division order releasing the respondent from immigration detention pending a determination of a motion for a stay.
The respondent had a history of non-compliance with release conditions.
Applying the Toth test, the Court found there was a serious issue regarding the reasonableness of the release plan, which relied on a third party that had not appeared.
The Court concluded irreparable harm and the balance of convenience favored the Minister and granted a short interim stay to allow the parties to file complete materials for an interlocutory stay motion.
