High Court of Australia

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

8 Mar 2017

Case Number: P49/2016


Bell, Gageler, Keane, Nettle, Gordon JJ


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.

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