Graduate Diploma in Migration Law LML6001 – Practitioner Legal Skills for Australian Migration Law Assessment Task 2

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. 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.

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.

Case Link:

https://www.austlii.edu.au/cgibin/viewdoc/au/cases/cth/FedCFamC2G/2025/53.html?context=1;query=Kumar%20and%20s48A%20and%20invalid;mask_path=

Question:

You are a registered migration agent. Your employer would like you to discuss the implications of the decision of Kumar v Minister for Immigration and Multicultural Affairs (No 2) [2025] FedCFamC2G 53 (28 January 2025) in regards to valid visa applications and the principles of statutory interpretation (if any), that were employed by the Judge in arriving at his decision.