Minister for Immigration and Border Protection v Kumar

HIGH COURT OF AUSTRALIABELL, GAGELER, KEANE, NETTLE AND GORDON JJMINISTER FOR IMMIGRATION AND BORDER PROTECTION  APPELLANTANDYOGESH KUMAR & ORS  RESPONDENTSMinister for Immigration and Border Protection v Kumar[2017] HCA 118 March 2017P49/2016ORDER1.Appeal allowed.2.Set aside orders 2-4 of the orders of the Federal Court of Australia made on 23 February 2016 and, in their place, order that: (a)order 2 of the orders of the Federal Circuit Court of Australia made on 14 September 2015 be set aside; and(b)the appeal to that Court otherwise be dismissed.3.The appellant pay the first, second and third respondents' costs of the appeal to this Court.On appeal from the Federal Court of Australia RepresentationG R Kennett SC with P M Knowles for the appellant (instructed by Australian Government Solicitor)M D Howard SC with D V Blades for the first to third respondents (instructed by Cathal Smith Legal Pty Ltd)Submitting appearance for the fourth respondentNotice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSMinister for Immigration and Border Protection v Kumar 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...