SZTDM v Minister for Immigration & Anor

The applicant, SZTDM, sought leave from the Federal Court of Australia to commence proceedings out of time under section 477 of the *Migration Act 1958* (Cth) against the Minister for Immigration and the second respondent. The core of the dispute concerned the applicant's attempt to challenge a decision made by the Minister.

The primary legal issue before the Court was whether a "satisfactory explanation" for the delay in filing the application was a prerequisite for granting leave under section 477 of the *Migration Act*. The Court was also required to consider the relevant principles applicable to an application for an interlocutory injunction in this context.

Judge Cameron reasoned that section 477 of the *Migration Act* does not mandate a satisfactory explanation for the delay as a condition precedent to granting leave. Instead, the Court has a broad discretion to grant leave, considering all relevant circumstances, including the merits of the proposed application and the reasons for the delay. The Court noted that while a satisfactory explanation is a significant factor, its absence does not automatically preclude the grant of leave. The Court also considered the principles governing interlocutory injunctions, emphasizing the need to preserve the status quo pending the final determination of the substantive proceedings.

The Court granted the applicant leave to file the application out of time and made orders for the continuation of the interlocutory injunction.