Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kumar v Minister for Immigration and Border Protection [2016] FCA 177 Appeal from: Kumar v Minister for Immigration and Border Protection & Anor [2015] FCCA 2573
File number: WAD 584 of 2015
Judge: NORTH J
Date of judgment: 23 February 2016
Catchwords: MIGRATION – requirement that visa applicant holds a certain visa at time of application – visa application lodged on the Monday immediately following expiry on Sunday of the previously held visa – whether Tribunal erred by failing to apply s 36(2) of the Acts Interpretation Act 1901 (Cth) properly STATUTORY INTERPRETATION – operation of s 36(2) of the Acts Interpretation Act 1901 (Cth)
Legislation: Acts Interpretation Amendment Act 2011 (Cth) Acts Interpretation Act 1901 (Cth) ss 15AB(1), 36(2) Migration Act 1958 (Cth) ss 29(1), 30, 31, 45, 65, 82(7), 82(10) Migration Regulations 1994 (Cth) regs 2.01, 2.03; Sch 2 cl 572.211(2) Explanatory Memorandum, Acts Interpretation Amendment Bill 2011 (Cth)
Cases cited: Re Sekido (unreported, Immigration Review Tribunal, No 91/00033, 6 March 1992) Zangzinchai v Milanta (1994) 53 FCR 35
Date of hearing: 23 February 2016
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 28
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