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Al-Kateb V Godwin
''Al-Kateb v Godwin'', was a decision of the High Court of Australia, which ruled on 6 August 2004 that the indefinite detention of a stateless person was lawful. The case concerned Ahmed Al-Kateb, a Palestinian man born in Kuwait, who moved to Australia in 2000 and applied for a temporary protection visa. The Commonwealth Minister for Immigration's decision to refuse the application was upheld by the Refugee Review Tribunal and the Federal Court. In 2002, Al-Kateb declared that he wished to return to Kuwait or Gaza.Human Rights and Equal Opportunity Commissions Legal Bulletin. Aug-Oct 2004, Volume 1 However, since no country would accept Al-Kateb, he was declared stateless and detained under the policy of mandatory detention in Australia, mandatory detention. The two main issues considered by the High Court were whether the Migration Act 1958 (the legislation governing immigration to Australia) permitted a person in Al-Kateb's situation to be detained indefinitely, and i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the '' Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General on the advice of the Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. The court has resided in Canberra since 1980, following the construction of a purpose-built High Court Building, located in the Parliamentary Triangle and over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mandatory Detention In Australia
The Australian government has a policy and practice of detaining in immigration detention facilities non-citizens not holding a valid visa, suspected of visa violations, illegal entry or unauthorised arrival, and those subject to deportation and removal in immigration detention until a decision is made by the immigration authorities to grant a visa and release them into the community, or to repatriate them to their country of origin/passport. Persons in immigration detention may at any time opt to voluntarily leave Australia for their country of origin, or they may be deported or given a bridging or temporary visa. In 1992, Australia adopted a mandatory detention policy obliging the government to detain all persons entering or being in the country without a valid visa, while their claim to remain in Australia is processed and security and health checks undertaken. Also, at the same time, the law was changed to permit indefinite detention, from the previous limit of 273 days. Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Refugee Review Tribunal
The Refugee Review Tribunal was an Australian administrative law Australian administrative law defines the extent of the powers and responsibilities held by administrative agencies of Australian governments. It is basically a common law system, with an increasing statutory overlay that has shifted its focu ... tribunal established in 1993. Along with the Migration Review Tribunal, the Refugee Review Tribunal was amalgamated to a division of the Administrative Appeals Tribunal on 1 July 2015. References External links Refugee Review Tribunal decisionsat the Austlii website {{Australia-law-stub 1989 establishments in Australia 2015 disestablishments in Australia Former Commonwealth of Australia courts and tribunals Government of Australia Courts and tribunals established in 1989 Courts and tribunals disestablished in 2015 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Convention Relating To The Status Of Stateless Persons
The Convention Relating to the Status of Stateless Persons is a 1954 United Nations multilateral treaty that aims to protect stateless individuals. Surrounding events The United Nations Charter and Universal Declaration of Human Rights were approved on 10 December 1948. Of significance, the Declaration at Article 15 affirms that: # Everyone has the right to a nationality. # No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. The Convention relating to the Status of Refugees was promulgated on 28 July 1951. Despite an original intention, it did not include any content about the status of stateless persons and there was no protocol regarding measures to effect the reduction of statelessness. On 26 April 1954, ECOSOC adopted a Resolution to convene a Conference of Plenipotentiaries to "regulate and improve the status of stateless persons by an international agreement". The ensuing Conference adopted the Convention on 28 Sept ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizing the actions of nations. It is the world's largest and most familiar international organization. The UN is headquartered on international territory in New York City, and has other main offices in Geneva, Nairobi, Vienna, and The Hague (home to the International Court of Justice). The UN was established after World War II with the aim of preventing future world wars, succeeding the League of Nations, which was characterized as ineffective. On 25 April 1945, 50 governments met in San Francisco for a conference and started drafting the UN Charter, which was adopted on 25 June 1945 and took effect on 24 October 1945, when the UN began operations. Pursuant to the Charter, the organization's objectives include maintaining internationa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Passport
A passport is an official travel document issued by a government that contains a person's identity. A person with a passport can travel to and from foreign countries more easily and access consular assistance. A passport certifies the personal identity and nationality of its holder. It is typical for passports to contain the full name, photograph, place and date of birth, signature, and the expiration date of the passport. While passports are typically issued by national governments, certain subnational governments are authorised to issue passports to citizens residing within their borders. Many nations issue (or plan to issue) biometric passports that contain an embedded microchip, making them machine-readable and difficult to counterfeit. , there were over 150 jurisdictions issuing e-passports. Previously issued non-biometric machine-readable passports usually remain valid until their respective expiration dates. A passport holder is normally entitled to enter the country ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Visa (document)
A visa (from the Latin ''charta visa'', meaning "paper that has been seen") is a conditional authorization granted by a polity to a foreigner that allows them to enter, remain within, or leave its territory. Visas typically include limits on the duration of the foreigner's stay, areas within the country they may enter, the dates they may enter, the number of permitted visits, or if the individual has the ability to work in the country in question. Visas are associated with the request for permission to enter a territory and thus are, in most countries, distinct from actual formal permission for an alien to enter and remain in the country. In each instance, a visa is subject to entry permission by an immigration official at the time of actual entry and can be revoked at any time. Visa evidence most commonly takes the form of a sticker endorsed in the applicant's passport or other travel document but may also exist electronically. Some countries no longer issue physical visa evid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Palestinian Exodus From Kuwait (Gulf War)
Palestinians ( ar, الفلسطينيون, ; he, פָלַסְטִינִים, ) or Palestinian people ( ar, الشعب الفلسطيني, label=none, ), also referred to as Palestinian Arabs ( ar, الفلسطينيين العرب, label=none, ), are an ethnonational group descending from peoples who have inhabited the region of Palestine over the millennia, and who are today culturally and linguistically Arab. Despite various wars and exoduses, roughly one half of the world's Palestinian population continues to reside in the territory of former British Palestine, now encompassing the West Bank and the Gaza Strip (the Palestinian territories) as well as Israel. In this combined area, , Palestinians constituted 49 percent of all inhabitants, encompassing the entire population of the Gaza Strip (1.865 million), the majority of the population of the West Bank (approximately 2,785,000 versus some 600,000 Israeli settlers, which includes about 200,000 in East Jerusalem), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Citizenship
Citizenship is a "relationship between an individual and a state to which the individual owes allegiance and in turn is entitled to its protection". Each state determines the conditions under which it will recognize persons as its citizens, and the conditions under which that status will be withdrawn. Recognition by a state as a citizen generally carries with it recognition of civil, political, and social rights which are not afforded to non-citizens. In general, the basic rights normally regarded as arising from citizenship are the right to a passport, the right to leave and return to the country/ies of citizenship, the right to live in that country, and to work there. Some countries permit their citizens to have multiple citizenships, while others insist on exclusive allegiance. Determining factors A person can be recognized or granted citizenship on a number of bases. Usually, citizenship based on circumstances of birth is automatic, but an application may be required. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Child Abandonment
Child abandonment is the practice of relinquishing interests and claims over one's offspring in an illegal way, with the intent of never resuming or reasserting guardianship. The phrase is typically used to describe the physical abandonment of a child, but it can also include severe cases of neglect and emotional abandonment, such as when parents fail to provide financial and emotional support for children over an extended period of time. An abandoned child is referred to as a foundling (as opposed to a runaway or an orphan). Baby dumping refers to parents leaving a child younger than 12 months in a public or private place with the intent of terminating their care for the child. It is also known as rehoming when adoptive parents use illegal means, such as the internet, to find new homes for their children. In the case where child abandonment is anonymous within the first 12 months, it may be referred to as secret child abandonment. In the United States and many other countries, c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jus Soli
''Jus soli'' ( , , ; meaning "right of soil"), commonly referred to as birthright citizenship, is the right of anyone born in the territory of a state to nationality or citizenship. ''Jus soli'' was part of the English common law, in contrast to '' jus sanguinis'', which derives from the Roman law that influenced the civil-law systems of mainland Europe. ''Jus soli'' is the predominant rule in the Americas; explanations for this geographical phenomenon include: the establishment of lenient laws by past European colonial powers to entice immigrants from the Old World and displace native populations in the New World, along with the emergence of successful Latin American independence movements that widened the definition and granting of citizenship, as a prerequisite to the abolishment of slavery since the 19th century. Outside the Americas, however, ''jus soli'' is rare. Since the Twenty-seventh Amendment of the Constitution of Ireland was enacted in 2004, no European ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jus Sanguinis
( , , ; 'right of blood') is a principle of nationality law by which citizenship is determined or acquired by the nationality or ethnicity of one or both parents. Children at birth may be citizens of a particular state if either or both of their parents have citizenship of that state. It may also apply to national identities of ethnic, cultural, or other origins. Citizenship can also apply to children whose parents belong to a diaspora and were not themselves citizens of the state conferring citizenship. This principle contrasts with '' jus soli'' ('right of soil'), which is solely based on the place of birth. Today, almost all states apply some combination of ''jus soli'' and ''jus sanguinis'' in their nationality laws to varying degrees. Historically, the most common application of ''jus sanguinis'' is a right of a child to their father's nationality. Today, the vast majority of countries extend this right on an equal basis to the mother. Some apply this right irrespective ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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