02 Apr Visa Validity Date is sacrosanct
On 8 March 2017 the High Court of Australia, in the matter of Kumar, determined that a visa will expire on its stipulated expiry date, irrespective of whether the expiry date falls on a Saturday, a Sunday or a holiday.
Mr Kumar was the holder of a 485 visa that had expired on Sunday 12 January 2014. His visa application for a subsequent visa was received by the Immigration Department on Monday 13 January 2014.
The Minister for Immigration and Border Protection refused to grant the visa because, at the date the application was made on Monday 13 January 2014, Mr Kumar was not the holder of a valid visa.
Mr Kumar has argued that where legislation requires or allows a thing to be done and the last day for the doing of the thing is a Saturday, Sunday or public holiday, then the thing may be done on the next day that is not a Saturday, Sunday or holiday.
In summary, it is irrelevant if your visa will expire on a weekend or a public holiday. The stipulated expiry date associated with your visa is the only consideration.
Contact us at MCA Legal if your current visa is due to expire to investigate your alternatives.
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