Baker v Commissioner of the Australian Border Force - Law Assignment Help

Assignment Task:

Task:

Catchwords: ADMINISTRATIVE LAW – COVID-19 travel ban – where applicants requested exemption from travel ban to attend son’s wedding in New Jersey – where decision - maker refused exemption requests – whether decision- maker asked wrong question – whether decision-maker inflexibly applied policy – whether decision-maker failed to take into account relevant considerations – whether decision-maker failed to afford procedural fairness – application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13(2)Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 (Cth) ss 5-7 Biosecurity Act 2015 (Cth) ss 475, 477

QUESTION
You have just commenced work as a registered migration agent and your employer wants you to explain the following in plain English.
1. The implications of the decision of Baker v Commissioner of the Australian Border Force [2020] FCA836 in terms of travel exemptions.
2. The principles of statutory interpretation (if any) that were employed by the judge in arriving at her decision.
All answers should be supported by reference to the relevant legislation provisions of the Migration Act 1958 and Migration Regulations 1994.

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.

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