Cabal v Minister for Immigration & Multicultural Affairs [1999] FCA 13

Cabal v Minister for Immigration & Multicultural Affairs [1999] FCA 13

Tuesday 29 December 1998 was a 'working day' because the relevant 'place' was Victoria, the day was not a Saturday, Sunday or public holiday under Victorian law, and reg 2.24(2)(a) disclosed no contrary intention displacing the definition of 'working day' in s 5 of the Migration Act.

Jurisdiction
Australia
Judgment Date
05 January 1999
Procedural Posture
Migration Bridging Visa / Trial of Separate Question Under O 29 R 2(a) of the Federal Court Rules
Outcome
Separate question answered Yes.
Legal Topics
['bridging Visa Application' 'meaning of Working Day' 'meaning of Public Holiday' 'prescribed Period for Ministerial Decision']
['migration Law' 'statutory Interpretation' 'administrative Law'] ['bridging Visa Application' 'meaning of Working Day' 'meaning of Public Holiday' 'prescribed Period for Ministerial Decision']

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Procedural Posture

Migration Bridging Visa / Trial of Separate Question Under O 29 R 2(a) of the Federal Court Rules

Legal Issues

  1. 1 ["Whether Tuesday 29 December 1998 was a 'working day' within the meaning of reg 2.24(2)(a) of the Migration Regulations for the purposes of s 75(1)(b) of the Migration Act 1958 (Cth)." "Whether 'public holiday' in the definition of 'working day' in s 5 of the Migration Act means a public holiday under Victorian law or a holiday observed by Commonwealth Public Service employees under the Australian Public Service General Employment Conditions Award 1995 (Cth)." "Whether a contrary intention appeared in reg 2.24(2)(a) so that 'working day' did not have the meaning given in s 5 of the Migration Act."]

Ratio Decidendi

Tuesday 29 December 1998 was a 'working day' because the relevant 'place' was Victoria, the day was not a Saturday, Sunday or public holiday under Victorian law, and reg 2.24(2)(a) disclosed no contrary intention displacing the definition of 'working day' in s 5 of the Migration Act.

Court Disposition

Separate question answered Yes.

Orders

  • ['The question "Whether Tuesday 29 December 1998 was a \'working day\' within the meaning of reg 2.24(2)(a) of the Migration Regulations for the purposes of s 75(1)(b) of the Migration Act 1958 (Cth)" be answered: Yes.' 'Any further affidavits by the applicants to be filed and served by 5 pm today.' "The...