Immigration Law- Berenguel Case- Australia

Immigration Law- Berenguel Case- Australia

As a Migration Agent, please explain to client in plain English the implications of Berenguel case 2010 HCA 8, with reference to Migration Act 1958 and Migration

Regulations 1994 (Australia) (750words limit). What principles of statutory interpretations (if any) were utilised by the Hight Court in this case (350 words). And

Please explain whether the decision of High Court is persuasive or binding on the Minister for Immmigration and Citizenship (150 words).

You can find the Berenguel case from the internet, it is a case in 2010. This essay should explore the implications of Berengual case upon subsequent cases. My

ideas are some main points 1. Clients have to pass English test at vocational level. 2. Clients should finish all criteria/ results before lodgement to avoid “history

happens again”. 3. Minister looking at clients’ application can sometimes be subjective, for example in this Berenguel case where he/she omit the section 55 of the

Migration Act 1958, stating clearly that “further information can be given”. 4. If clients have to submit the results (of English test or any other relevant

paperwork), ensure it need to be done before the decision is made. However, late submission does not delay the Minister’s decision.

For the second question, please expand on the use of “common law approach”. According to this precedent case, judges had utilised the intrinsic materials and

grammatical aids, without the need to use the Acts Interpretation Act 1901 or other extrinsic materials.

For question 3, in this case I think the High Court on the Berenguel case was binding. Please explain/ expand the answer. Thank you so much.

1.    Explain to client in plain English the implications of Berenguel case 2010 HCA 8

2.    What principles of statutory interpretations (if any) were utilised by the High Court in this case?

3    Explain whether the decision of High Court is persuasive or binding on the Minister for Immigration and Citizenship.

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