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Minister For Immigration And Citizenship V SZMDS
''Minister for Immigration and Citizenship v SZMDS'', is a landmark Australian judgment of the High Court. The matter related to immigration law, '' jurisdictional error'' and illogicality as a ground of judicial review. Background Facts The applicant, known by the code SZMDS, was a citizen of Pakistan who claimed to have engaged in homosexual activities from 2005 to 2007 and that he was fearful of persecution if he returned to Pakistan. He had resided in the United Arab Emirates since 2004. In 2006 he briefly visited the United Kingdom however he did not seek asylum at that time. In 2007 he had returned to Pakistan for three weeks. In 2007 he arrived in Australia and sought asylum as a refugee. A delegate of the Minister for Immigtration and citizenship was not satisfied that the applicant's claims of homosexuality were credible and decided not to grant him a protection visa.. The applicant applied to the Refugee Review Tribunal, which was created to provide a meri ... [...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 jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, 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 judiciary, 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 of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Protection Visa
Protection is any measure taken to guard a thing against damage caused by outside forces. Protection can be provided to physical objects, including organisms, to systems, and to intangible things like civil and political rights. Although the mechanisms for providing protection vary widely, the basic meaning of the term remains the same. This is illustrated by an explanation found in a manual on electrical wiring: Some kind of protection is a characteristic of all life, as living things have evolved at least some protective mechanisms to counter damaging environmental phenomena, such as ultraviolet light. Biological membranes such as bark on trees and skin on animals offer protection from various threats, with skin playing a key role in protecting organisms against pathogens and excessive water loss. Additional structures like scales and hair offer further protection from the elements and from predators, with some animals having features such as spines or camouflage servin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pro Bono
( en, 'for the public good'), usually shortened to , is a Latin phrase for professional work undertaken voluntarily and without payment. In the United States, the term typically refers to provision of legal services by legal professionals for people who are unable to afford them. is also used in the United Kingdom to describe the central motivation of large organizations, such as the National Health Service and various NGOs which exist "for the public good" rather than for shareholder profit, but it equally or even more applies to the private sector where professionals like lawyers and bankers offer their specialist skills for the benefit of the community or NGOs. Legal counsel Pro bono legal counsel may assist an individual or group on a legal case by filing government applications or petitions. A judge may occasionally determine that the loser should compensate a winning pro bono counsel. Philippines In late 1974, former Philippine Senator Jose W. Diokno was released from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 75 Of The Constitution 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 overlooking ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Plaintiff S157/2002 V Commonwealth
''Plaintiff S157/2002 v Commonwealth'', also known as 'S157', is a decision of the High Court of Australia. It is an important case in Australian Administrative Law, in particular for its holdings about Parliament's inability to restrict the availability of constitutional writs. As of September 2020, 'S157' is the 12th most cited case of the High Court.Note: LawCite citation statistics track the written judgements of courts, journal articles, and tribunals. (both in Australia and overseas) https://www.austlii.edu.au/cgi-bin/LawCite?cit=&party1=&party2=&court=High%2BCourt%2Bof%2BAustralia&juris=&article=&author=&year1=&year2=&synonyms=on&filter=on&cases-cited=&legis-cited=§ion=&large-search-ok=1&sort-order=citedNote: data is as of September 2020 Background The plaintiff,The effect of the is that courts cannot name plaintiffs seeking protection visas in order to reduce the potential that the publication the applicants name may create further protection claims for people in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Migration Act 1958
The ''Migration Act 1958'' (Cth) is an Act of the Parliament of Australia that governs immigration to Australia. It set up Australia’s universal visa system (or entry permits). Its long title is "An Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons." The 1958 Act replaced the ''Immigration Restriction Act 1901'', which had formed the basis of the White Australia policy, abolishing the infamous "dictation test", as well as removing many of the other discriminatory provisions in the 1901 Act. The 1958 Act has been amended a number of times. Deportation decisions, provided for in section 18 the Act, are at the absolute discretion of the responsible Minister or his delegate. Deportation requires a specific deportation order (section 206) and applies to Australian permanent residents only. Removal is an automatic process applying to persons held in immigration detention and d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Refugee Review Tribunal
The Refugee Review Tribunal was an Australian administrative law 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 The Australasian Legal Information Institute (AustLII) is an institution operated jointly by the Faculties of Law of the University of Technology Sydney and the University of New South Wales. Its public policy purpose is to improve access to just ... 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] |
Refugee
A refugee, conventionally speaking, is a displaced person who has crossed national borders and who cannot or is unwilling to return home due to well-founded fear of persecution.FAQ: Who is a refugee? ''www.unhcr.org'', accessed 22 June 2021 Such a person may be called an until granted by the contracting state or the |
Asylum Seeker
An asylum seeker is a person who leaves their country of residence, enters another country and applies for asylum (i.e., international protection) in that other country. An asylum seeker is an immigrant who has been forcibly displaced and might have fled their home country because of war or other factors harming them or their family. If their case is accepted, they become considered a refugee. The terms ''asylum seeker'', ''refugee'' and ''illegal immigrant'' are often confused. A person becomes an asylum seeker by making a formal application for the right to remain in another country and keeps that status until the application has been concluded. The relevant immigration authorities of the country of asylum determine whether the asylum seeker will be granted protection and become an officially recognized refugee or whether asylum will be refused and the asylum seeker becomes an illegal immigrant who may be asked to leave the country and may even be deported. In North Ameri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right Of Asylum
The right of asylum (sometimes called right of political asylum; ) is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, like a second country or another entity which in medieval times could offer sanctuary. This right was recognized by the Ancient Egyptians, the Greeks, and the Hebrews, from whom it was adopted into Western tradition. René Descartes fled to the Netherlands, Voltaire to England, and Thomas Hobbes to France, because each state offered protection to persecuted foreigners. The Egyptians, Greeks and Hebrews recognized a religious "right of asylum", protecting people (including those accused of crime) from severe punishments. This principle was later adopted by the established Christian church, and various rules were developed that detailed how to qualify for protection and what degree of protection one would receive. The Council of Orleans decided in 511, in the presence of Clo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many smaller islands within the British Isles. Northern Ireland shares a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between the Kingdom of England (which included Wales, annexed in 1542) and the Kingdom of Scotland in 170 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Arab Emirates
The United Arab Emirates (UAE; ar, اَلْإِمَارَات الْعَرَبِيَة الْمُتَحِدَة ), or simply the Emirates ( ar, الِْإمَارَات ), is a country in Western Asia (The Middle East). It is located at the eastern end of the Arabian Peninsula and shares borders with Oman and Saudi Arabia, while having maritime borders in the Persian Gulf with Qatar and Iran. Abu Dhabi is the nation's capital, while Dubai, the most populous city, is an international hub. The United Arab Emirates is an elective monarchy formed from a federation of seven emirates, consisting of Abu Dhabi (the capital), Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharjah and Umm Al Quwain. Each emirate is governed by an emir and together the emirs form the Federal Supreme Council. The members of the Federal Supreme Council elect a president and vice president from among their members. In practice, the emir of Abu Dhabi serves as president while the ruler of Dubai is vice pre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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