The deportation of an Afghan asylum seeker who is fighting to remain in Australia, has been delayed after a court on Friday issued a last-minute injunction.
Refugee Action Coalition organiser Ian Rintoul said the ruling from the Federal Magistrate's Court on Friday means Ismail Mirzajan will be able to remain in Australia until the case, which is yet to be decided, returns to court early next year.
Mr Mirzajan, 27, was due to be deported on Saturday.
"It's a win for us but it's a temporary win," Mr Rintoul told a small crowd of protesters outside the Immigration Department in Sydney.
"While we should bask in the small victory that we have had in the court we have only won a reprieve.
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"The court has found that there was a problem with procedural fairness.
"It is an interim order from the court this morning and there will be a date for a proper hearing ... Likely it's going to be in February.
"We've bought a considerable period of time."
