Minister for Immigration and Border Protection v Kumar

The Minister for Immigration and Border Protection appealed to the High Court of Australia against a decision of the Federal Court of Australia concerning a visa application. The dispute centred on whether section 36(2) of the *Acts Interpretation Act 1901* (Cth) could be applied to deem a visa application made on Monday, 13 January, as having been made on the preceding Sunday, 12 January, thereby allowing the applicant to meet a visa criterion that expired on that Sunday.

The legal issue before the High Court was the proper construction and application of section 36(2) of the *Acts Interpretation Act 1901* (Cth). Specifically, the Court had to determine whether the provision, which addresses the situation where the last day for doing something prescribed or allowed by an Act falls on a weekend or public holiday, could operate to deem a visa application made on a Monday as having been made on the previous Sunday, when the applicant's eligibility for the visa was contingent on holding a valid second visa on that Sunday.

The High Court allowed the appeal, setting aside the orders of the Federal Court. The Court reasoned that section 36(2) operates as an interpretive rule to extend the time for performing an act when the last day falls on a weekend or public holiday, allowing it to be done on the next available day. However, the Court held that this provision does not alter the substantive rights or obligations conferred by the relevant Act. Crucially, section 36(2) cannot be read as deeming the act to have been done on the earlier date, nor as deeming a state of affairs that existed on the earlier date to be in existence on the later date. Therefore, the applicant's visa application, made on Monday, 13 January, could not be retrospectively considered as having been made on Sunday, 12 January, for the purpose of meeting the visa criteria.