KUMAR v IMMIGRATION AND PROTECTION TRIBUNAL [2014] NZHC 2056

KUMAR v IMMIGRATION AND PROTECTION TRIBUNAL [2014] NZHC 2056

Section 6 does not apply to the 28 day period in s247(1); the 28 day limit in s247 is not converted into working days by s6; the applicant's leave application filed 5 February 2014 was outside the 28 day period from the 4 December 2013 decision and therefore untimely absent a High Court determination to allow further time for special circumstances.

Citation
[2014] NZHC 2056
Parties
Applicant: Vinal Nilesh Kumar; First Respondent: Immigration and Protection Tribunal; Second Respondent: Minister of Immigration
Court
High Court
Jurisdiction
New Zealand
Judgment Date
28 August 2014
Procedural Posture
Judicial Review Application for Leave / Preliminary Timeliness Determination; Affidavits Directed on Special Circumstances; Substantive Hearing Pending
Outcome
Court held s6 does not apply; application for leave was out of time; applicant granted an opportunity to seek extension for special circumstances by filing affidavits; substantive determination deferred.
Legal Topics
Calculation of Time Limits, Statutory Interpretation, Special Circumstances Extension, Leave to Apply for Judicial Review
Immigration Law Administrative Law Judicial Review Deportation Calculation of Time Limits Statutory Interpretation Special Circumstances Extension Leave to Apply for Judicial Review

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Parties

Vinal Nilesh Kumar

Applicant

Immigration and Protection Tribunal

First Respondent

Minister of Immigration

Second Respondent

Procedural Posture

Judicial Review Application for Leave / Preliminary Timeliness Determination; Affidavits Directed on Special Circumstances; Substantive Hearing Pending

Legal Issues

  1. 1 Whether s6 of the Immigration Act 2009 applies to the 28 day limit in s247(1)
  2. 2 Whether the 28 day period in s247(1) is to be calculated as working days or calendar days
  3. 3 Whether special circumstances exist to extend the 28 day limitation

Ratio Decidendi

Section 6 does not apply to the 28 day period in s247(1); the 28 day limit in s247 is not converted into working days by s6; the applicant's leave application filed 5 February 2014 was outside the 28 day period from the 4 December 2013 decision and therefore untimely absent a High Court determination to allow further time for special circumstances.

Court Disposition

Court held s6 does not apply; application for leave was out of time; applicant granted an opportunity to seek extension for special circumstances by filing affidavits; substantive determination deferred.

Orders

  • Applicant to file affidavits in support of special circumstances within ten working days of judgment release
  • Second respondent to file affidavits in reply within ten working days thereafter