Berengual Case
Berengual Case is a potent illustration of various challenges and obstacles that students encounter during migration (Bagaric 22). In brief, Marcos Berenguel, a Brazilian student who had a skilled migration visa encountered a challenge while migrating to Australia. This occurred on the basis that Mr Berenguel failed to book his exam time until a month after his visa application. With this in mind, the Department of Immigration and Citizenship (DIAC) failed to recognize his English test results (Dauvergne 10). Later, the high court challenged the case by affirming that it was unfair and absurd for the DIAC to reject Berengual’s English test results. In essence, the Berenguel Case creates great insights on how the involvement of the law is important since it regulates and offer advice and assistance to migration. Australian Migration regulates and governs the immigration or international movement of people (Bollard 22). Thus far, the aim of this essay is to highlight how this case introduces law students to fundamental concepts and how to effectively apply to the Australian Migration Law.
To Jupp (10) and Fortunati, Raul, and Jane (10), the introduction of fundamental concepts of Australian Migration Law is evident in the case in that when the Department of Immigration and Citizenship (DIAC) failed to consider the Marcos Berengueld English test result, the High Court challenged the case based on what the rule stated (Ozdowski 22). As indicated in the case, the High Court agreed that it was unfair and illegal for the DIAC to reject the English results since the rule simply meant that the Brazilian student had to show or reveal his recent competency in English (Burn and Sudrishti 11). It was for this reason that his case was worth considering since it breached what the law stated as argued by Lenehan and Nick (10). In this case, Vrachnas (13) argued that the importance and the need to interpret the law is brought into attention in that, the Berengual Case provides readers on how use the rule of Australian Migration to understand how the English language is full of uncertainties and ambiguities. During the course, readers comprehend that just like English is full of uncertainties of words so it is to the law (Vrachnas 10). As argued by Lane (1) and Levey (25), uncertainties of words comes in the sense that there are words with similar sound but have different spelling and meanings such as ‘their’ and ‘there’. As Bagaric (10) and Devetak, Richard, Anthony and Jim (19) put it, there is also language imbiquity in law in that the law can be read or interpreted in two different ways both bringing different results for the client. This explains why the department too can frequently make errors when referring or interpreting the law Arnold (12) and Crawford (33).
Thus far, the case of Berengual is relevant to the materials covered in the class in that, under the law there are different interpretation of the law (Indra 10). As indicated in the case, the High Court argued that under the rule, Mr Berenguel was to show English results carried out not more than two years prior to the visa application (Crock and Laurie 10). Despite the law referring about the period that a student should take a test, the High Court went on to argue that there was a high demand for the international English test and this hindered Mr Berenguel a chance to book his exam after the visa application (Levingston 10). With no doubt, this has created a platform for migration agents to fully understand how the Australian Legal system works so that they can effectively apply to the client’s situation (Dobbie 11). To sum up, Berengual case is important since it creates insights on the importance of understanding the Australian Migration law.
Works Cited
Arnold, Peri E. National Approaches to the Administration of International Migration. Amsterdam: IOS Press, 2010. Print.
Bagaric, Mirko. Migration and Refugee Law in Australia: Cases and Commentary. Cambridge: Cambridge University Press, 2007. Print.
Bagaric, Mirko. Migration and Refugee Law in Australia: Cases and Commentary. Cambridge: Cambridge University Press, 2007. Print.
Bollard, Peter. Australian Immigration Law and Practice: A Training Course for Migration Agents, Grace Hotel, Sydney, 20, 21, 22 and 27, 28, 29 April 2001. Kensington, N.S.W.: University of New South Wales, Faculty of Law, Continuing Legal Education, 2001. Print.
Burn, Jennifer, and Sudrishti Reich. The Immigration Kit: A Practical Guide to Australia’s Immigration Law. Leichhardt, N.S.W: Federation Press, 2005. Print.
Crawford, David. Australian Immigration Law and Practice, a Practical Course in Knowledge of Migration Law Procedure: Temporary Visas. Kensington, N.S.W.: University of New South Wales, Faculty of Law, Continuing Legal Education, 2004. Print.
Crock, Mary E, and Laurie Berg. Immigration, Refugees and Forced Migration: Law, Policy and Practice in Australia. Annandale, N.S.W: Federation Press, 2011. Print.
Dauvergne, Catherine. Humanitarianism, Identity, and Nation: Migration Laws of Australia and Canada. Vancouver, B.C: UBC Press, 2005. Print.
Devetak, Richard, Anthony Burke, and Jim George. Introduction to International Relations: Australian Perspectives. Cambridge: Cambridge University Press, 2007. Print.
Dobbie, Nigel. Advanced Immigration Law. Sydney: NSW Young Lawyers, 2005. Print.
Fortunati, Leopoldina, Raul Pertierra, and Jane Vincent. Migration, Diaspora, and Information Technology in Global Societies. New York: Routledge, 2012. Print.
Indra, Doreen M. Engendering Forced Migration: Theory and Practice. New York: Berghahn Books, 1999. Print.
Jupp, James. The Australian People: An Encyclopedia of the Nation, Its People and Their Origins. Cambridge [England: Cambridge University Press, 2001. Print.
Lane, Bernard. Ruling Opens Door for Retesting of Language Skills. The Australian National Affairs. October 13, 2010. Retrieved from http://www.theaustralian.com.au/national-affairs/ruling-opens-door-for-retesting-of-language-skills/story-fn59niix-1225937846415
Lenehan, Craig, and Nick Poynder. Human Rights in Migration and Refugee Law. Sydney: NSW Young Lawyers, the Law Society of NSW, 2003. Print.
Levey, Geoffrey B. Political Theory and Australian Multiculturalism. New York: Berghahn Books, 2008. Print.
Levingston, Christopher. Australian Immigration Law and Practice, a Practical Course in Knowledge of Migration Law Procedure: Overview of Function of Mrt, Rrt, Aat and Courts. Kensington, N.S.W.: University of New South Wales, Faculty of Law, Continuing Legal Education, 2004. Print.
Ozdowski, Sev A. The Australian Migration Law: A Time for Change?Richmond: Clearing House on Migration Issues, 1984. Print.
Vrachnas, John. Migration and Refugee Law in Australia: Cases and Commentary. Cambridge: Cambridge University Press, 2007. Print.
Vrachnas, John. Migration and Refugee Law in Australia: Commentary and Materials. Cambridge: Cambridge University Press, 2006. Print.
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