Law and Migration Legislation Assignment help
As an agent, you will be operating within this legal system and it is therefore essential that you understand these fundamental legal issues to be an effective advocate for your client.
A migration agent with a real understanding of the wider legal system will always have a competitive edge over an agent who can only see as far as the Department's website.
In the Course
7131LAW Foundations of Australian Migration Law and Practice, one of the first courses in the Graduate Diploma of Australian Migration Law and Practice!
7131LAW Foundations of Australian Migration Law and Practice
Think of the 7131LAW course site as a self-contained world in which you have everything you need to study online. It's a new world that you will need to explore to make sure that you know where everything is - this will make your learning process much smoother.
At the end of this module you will be able to:
- Appraise the various institutions of law in Australia;
- Interpret the differences between the sources of law in Australia;
- Explain the way that law is produced in the Australian context and the different types of laws;
- Analyze the role of the courts in interpreting legislation and the methods of interpreting legislation;
- Identify ambiguity in legislation and how that is resolved;
- Use the MIRAT structure for responding to hypothetical legal problems
Sources and Institutions of Law Assignment
Where does law come from? Who or what makes the law?
In this topic, we are answering those questions by taking a closer look at legislation and courts. We learn how law is made by the Parliament and how courts, by fulfilling their purpose in interpreting the law, also create law.
What are the Sources and Institutions of Law?
Sources of Law
The sources of Australian law may generally be divided into two distinct areas: primary sources and secondary sources. This subtopic will describe how law is classified, the differing sources of law and explain how they interact and also how they are used.
Institutions of Law
The legal system in Australia comprises a complex network of interactions between the courts, the parliaments, the legal professionals and the police. Each of these institutions holds a pivotal role in the making, administering and enforcing of law in Australia. This subtopic will outline the different institutions of law in Australia and describe how they interact with each other.
we identify the institutions of law (the parliaments and the courts) that support the making, or sources, of law. We also identify the different sources of law, such as legislation and case law.
How Legislation is made
Now that you know that there are different types of legislation, you should also learn how those types of legislation are made. A principal Act or statute, such as the Migration Act, starts life as a Bill and must pass through both Houses of Parliament to become law.
This is not the case for delegated legislation which does not undergo such a rigorous process to become law, as it is the Principal Act itself, that enables the creation of delegated legislation.
For example, the Migration Regulations, the many legislative instruments and Ministerial Directions are examples of delegated legislation that have been enabled by the Migration Act (the Principal Act).
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How Courts Interpret the Legislation
Courts interpret legislation to resolve uncertainty in the meaning of legislation. No matter how obscure an Act may be, the courts must determine the meaning of the Act as it cannot be held void for uncertainty.
Whilst the parliament has the power to make legislation, it is ultimately the courts that decide the legal meaning and application of the law. Given the complexity and impact of the Migration Act and Regulations, the courts with migration jurisdiction such as the Federal and High Courts, regularly hear migration matters and resolve conflicts where they arise between non-citizens and the Government.
In this topic video, we look at some of the approaches that the courts use to interpret the legislation and to resolve ambiguity.
You can use these approaches in your day-to-day work as an agent because you will also be interpreting the legislation to advise your clients. Hire our best Australian Law expert writers for university assignments to be done with excellent quality at Assignment Help.
How to Analyse a Legal Problem
When a client comes to you because they need a new visa or perhaps the Department has canceled their visa or threatened to do so, they are asking you to solve a problem for them. To solve this problem you need to be able to identify the key facts, which part of the legislation to apply and then apply that legislation to your client’s unique circumstances. In this topic, you will learn about the MIRAT method of legal problem-solving. This method will help you with the assessment in this program and of course, will help you to solve your future client's visa issues!
Reflect on the degree to which you have achieved the intended module learning outcomes. Are you able to:
- Appraise the various institutions of law in Australia? For example, describe how those institutions of law relate to each other?;
- Interpret the differences between the sources of law in Australia?. For example, name two different sources of law and explain how they are different from each other;
- Explain the way that law is produced in the Australian context and the different types of laws? For example, are all types of law created in the same way?
- Analyse the role of the courts in interpreting legislation and the methods of interpreting legislation? For example, what approach would a court make to resolve ambiguity in legislation?
- Identify ambiguity in legislation and how that is resolved? For example, are you able to apply the appropriate statutory interpretation approach to resolve the meaning of a word that is ambiguous?
- Use the MIRAT structure for responding to hypothetical legal problems?
While reflecting on your ability to answer these questions, return to the topics to revise if necessary or use the discussion board if you identify any areas that you are not sure of.
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