The Federal Court has power under s 23 of the Federal Court of Australia Act 1976, read with ss 15 and 16 of the ADJR Act, to order the interim release from custody of a person detained under the Migration Act pending judicial review of the detention decision. The conventional 'serious question to be tried' and 'balance of convenience' test applies; there is no requirement to demonstrate 'exceptional circumstances'. However, immigration-specific considerations form part of the balance of convenience assessment.
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