Minister for Immigration and Border Protection v KumarCitation:[2017] HCA 11Before:Bell, Gageler, Keane, Nettle, Gordon JJDate:08 Mar 2017Case Number:P49/2016Read more
Section 36(2) of the Acts Interpretation Act 1901 (Cth) does not operate to deem the visa application as having been made before the expiry of the applicant's second visa; the application must be assessed as made on the date it was actually received.
- Parties
- Applicant: First Respondent; Respondent: Commonwealth of Australia
- Jurisdiction
- Australia
- Judgment Date
- 08 March 2017
- Procedural Posture
- Statutory Interpretation / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Visa Application Timing, Expiry of Visa, Application of Acts Interpretation Act
Case Brief
Summary, issues, holding and outcome
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Parties
First Respondent
Applicant
Commonwealth of Australia
Respondent
Procedural Posture
Statutory Interpretation / Judgment
Legal Issues
- 1 Whether s 36(2) of the Acts Interpretation Act 1901 (Cth) allows a visa application to be assessed as if made before the expiry of the applicant's second visa
Ratio Decidendi
Section 36(2) of the Acts Interpretation Act 1901 (Cth) does not operate to deem the visa application as having been made before the expiry of the applicant's second visa; the application must be assessed as made on the date it was actually received.
Court Disposition
Application dismissed
Orders
- The application is dismissed.
Full Case Text
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