Graduate Diploma in Australian Migration Law

LML6001 – Practitioner Legal Skills for Australian Migration Law

Assessment Task 1 – Semester 2, 2019

Instructions:
1. Students must answer all questions as indicated. Make certain all answers are
clearly labelled.

2. Make certain that you enter your NAME and STUDENT NUMBER on each page.
Insert them into the header or footer for ease.

3. This assignment comprises 30% of the assessment in this unit.

4. Your answers must be typed on one side of the paper, double-spaced and with a
wide margin. Students should note that English expression; grammar and spelling
are taken into account in assessment of their answers.

5. SUBMISSION OF ASSESSMENT: Please check the online centre for the due date
for your class group. It is the responsibility of the student to ensure that the date for
receipt is complied with. It is intended that all assessment be lodged electronically.
This will automatically generate a receipt.

6. WORD LIMIT: Word limits are indicated for certain questions and should be adhered
to with each answer.

7. All answers should be supported by reference to the relevant legislation

provisions of the Migration Act and Regulations.

8. A student, whose answer to any question depends upon facts which are not
stated, must discuss all relevant alternatives.

9. REFERENCING: Students are required to use the Australian Guide to Legal Citation
as the preferred method of referencing. You are also required to submit a
bibliography for each assessment task and not merely a reference list.

Assessment Criteria
1. Accurate answers to the questions demonstrating knowledge of legislative and
regulatory provisions and applying problem solving skills.

2. Answers are justified by clear reference to the relevant facts, identify logical
assumptions you have made about the facts in answering questions.

3. Arguments and information are clearly and logically presented.

4. Demonstrated understanding of principles and values of a registered migration agent.

QUESTION

Read the decision of Yassa (Migration) [2019] AATA 1078 (20 May 2019) carefully.
(The decision is attached.)

Prepare a letter of advice to a client who has a similar factual situation about the
implications of the decision in terms of:

1. The meaning of the phrase “exceptional circumstances”.

2. What is the impact of ‘policy’ in interpreting this phrase?

3. What principles of statutory interpretation were utilised in interpreting this phrase and
what extrinsic material was utilised in assisting the Member in interpreting this
phrase?

4. Why did the Applicant not succeed in this instance?

(30 marks)
(Maximum Word Limit: 1500 words)