High Court of Australia

Minister for Immigration and Border Protection v Kumar [2017] HCA 11

8 Mar 2017

Case Number: P49/2016

Before

Bell, Gageler, Keane, Nettle, Gordon JJ

Catchwords

Statutes – Interpretation – Acts Interpretation Act 1901 (Cth), s 36(2) – Where first respondent's application for visa received and taken to be made on Monday 13 January – Where first respondent able to meet visa criteria in Migration Regulations 1994 (Cth) if first respondent held valid second visa at time of application – Where first respondent's second visa expired on Sunday 12 January – Whether s 36(2) of Acts Interpretation Act allowed application to be assessed as if it had been made before expiry of first respondent's second visa.

Words and phrases – "an Act requires or allows", "last day", "prescribed or allowed by an Act", "state of affairs", "thing to be done", "time of application".

Acts Interpretation Act 1901 (Cth) – s 36(2).

Migration Act 1958 (Cth) – ss 31, 45, 46, 47, 65.

Migration Regulations 1994 (Cth) – Sched 2, cl 572. 211.
View   RTF



PDF MD5: d9884da21ea3490c3cbf5794f25fa3a1
RTF MD5: 2f959bfb09497e239dbaeffe487c1ea9