Administrative Law and Statutory Interpretation Assessment

PART 1 Multiple Choice Questions

1. Which of the following rules accurately describes the operation of the doctrine of precedent?

• Superior courts must follow their own decisions
• All statements made by a judge in a superior court constitute binding precedent.
• Lower courts are bound by the ratio decidendi of superior courts
• Parliament can use legislation to override the decisions of lower courts but not those of higher courts

2. A precedent established by the High Court of Australia:

• is persuasive on the Victorian Court of Appeal in a similar case
• is binding on the High Court of Australia in a similar case
• is binding on the Supreme Court of NSW
• can be held to be persuasive in the Federal Court of Australia in a similar case

3. Which of the following statements is the most inaccurate?

• Policy acts as a guide for the Minister and Departmental Officers in making decisions
• Immigration policy comprises of the Procedures Advice Manual and Migration Series Instructions
• Immigration policy can be useful in assisting migration agents to interpret migration legislation
• Policy is a form of delegated legislation

4. The literal rule in statutory interpretation means:

• the judge should consult an ordinary English dictionary to obtain the literal meaning of words used in the statute
• the judge should apply the wordings of the statute literally even if it would create an absurdity or repugnance
• the judge should explore what mischief Parliament had set out to solve when it passed the statute, and then apply a suitable remedy for the mischief
• the judge should apply a more suitable interpretation of the statute if it would otherwise create an absurdity or repugnance

5. Which of the following is not regarded as intrinsic material in the interpretation of statutes?

• Long title
• Preamble
• Sidenotes
• Second reading speeches

PART 2 Scenario Question

6. You have been asked by a client to explain what it means to be a lawful non-citizen as opposed to an unlawful non-citizen. You should look at sections 13(1) & 14(1) of the Migration Act 1958. Subsequently, you need to read Plaintiff M47-2012 v Director General of Security (2012) 292 ALR 243.As a result of reading this case, explain to the client, in plain English, the difference between lawful and unlawful status.