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Kioa V West
''Kioa v West'',. was a notable case decided in the High Court of Australia regarding the extent and requirements of natural justice and procedural fairness in administrative decision making. The case was also a significant factor in Australia's subsequently limiting what had previously been completely unrestricted jus soli now only to children born to an Australian citizen or permanent resident. Background Mr and Mrs Kioa, who were both from Tonga, entered Australia on temporary entry permits in late 1981. When their permits expired they changed their address without informing authorities. Mr Kioa worked in Victoria until he was arrested as a prohibited immigrant in 1983. In the intervening period the Kioas had a daughter, who by virtue of her birth in Australia, was an Australian citizen. Mr Kioa explained that he overstayed his permit in order to earn money to send home to relatives who were suffering as a result of a cyclone in Tonga. In October 1983, a delegate of the M ... [...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] |
Victoria (Australia)
Victoria is a state in southeastern Australia. It is the second-smallest state with a land area of , the second most populated state (after New South Wales) with a population of over 6.5 million, and the most densely populated state in Australia (28 per km2). Victoria is bordered by New South Wales to the north and South Australia to the west, and is bounded by the Bass Strait to the south (with the exception of a small land border with Tasmania located along Boundary Islet), the Great Australian Bight portion of the Southern Ocean to the southwest, and the Tasman Sea (a marginal sea of the South Pacific Ocean) to the southeast. The state encompasses a range of climates and geographical features from its temperate coastal and central regions to the Victorian Alps in the northeast and the semi-arid north-west. The majority of the Victorian population is concentrated in the central-south area surrounding Port Phillip Bay, and in particular within the metropolit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * ... [...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] |
Australian Nationality Law
Australian nationality law details the conditions in which a person holds Australian legal nationality. The primary law governing nationality regulations is the Australian Citizenship Act 2007, which came into force on 1 July 2007 and is applicable in all states and territories of Australia. All persons born in Australia before 20 August 1986 were automatically citizens at birth regardless of the nationalities of their parents. Individuals born in the country after that date receive Australian citizenship at birth if at least one of their parents is an Australian citizen or permanent resident. Foreign nationals may be granted citizenship after living in the country for at least four years, holding permanent residency for one year, and showing proficiency in the English language. Australia is composed of several former British colonies founded in the 18th and 19th centuries whose residents were British subjects. After federation as a Dominion within the British Empire in 1901, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Decisions (Judicial Review) Act 1977
''Administrative Decisions (Judicial Review) Act 1977'' (Cth) is an Act of the Parliament of Australia, which created the ability to appeal the decision at the Federal Court of Australia for a person or other parties affected by most administrative decisions by an Australian federal department or agency. Review of administrative decisions under the Act is limited to matters of law. Legacy In 1989, the then president of the New South Wales Court of Appeal Michael Kirby wrote that the Administrative Decisions (Judicial Review) Act and the Administrative Appeals Tribunal Act 1975 were "probably the most adventurous and far-reaching legal reforms" to have taken place in Australia. In a 2011 seminar, the then President of the Administrative Appeals Tribunal Garry Downes wrote that, of the reforms of administrative law in the 1970s and 1980s, (including the establishment of the Federal Court, the Commonwealth Ombudsman, and the Administrative Appeals Tribunal) the Administrative De ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Principles Of Natural Justice
In English law, natural justice is technical terminology for the rule against bias (''nemo iudex in causa sua'') and the right to a fair hearing (''audi alteram partem''). While the term ''natural justice'' is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly". The basis for the rule against bias is the need to maintain public confidence in the legal system. Bias can take the form of actual bias, imputed bias, or apparent bias. Actual bias is very difficult to prove in practice whereas imputed bias, once shown, will result in a decision being void without the need for any investigation into the likelihood or suspicion of bias. Cases from different jurisdictions currently apply two tests for apparent bias: the "reasonable suspicion of bias" test and the "real likelihood of bias" test. One view that has been taken is that the differences between these two tests are largely semantic and that they operate similarly. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Declaration Of The Rights Of The Child
The Declaration of the Rights of the Child, sometimes known as the Geneva Declaration of the Rights of the Child, is an international document promoting child rights, drafted by Eglantyne Jebb and adopted by the League of Nations in 1924, and adopted in an extended form by the United Nations in 1959. Declaration of the Rights of the Child (1924) The text of the document, as published by the International Save the Children Union in Geneva on 23 February 1923, is as follows: #The child must be given the means requisite for its normal development, both materially and spiritually. #The child that is hungry must be fed, the child that is sick must be nursed, the child that is backward must be helped, the delinquent child must be reclaimed, and the orphan and the waif must be sheltered and succoured. #The child must be the first to receive relief in times of distress. #The child must be put in a position to earn a livelihood, and must be protected against every form of exploitation. #T ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Covenant On Civil And Political Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force 23 March 1976 after its thirty-fifth ratification or accession. , the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba; North Korea is the only state that has tried to withdraw. The ICCPR is considered a seminal document in the history of international law and human rights, forming part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR). ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (more serious) criminal matters. Cases are heard at first instance by single judges. The court includes an appeal division referred to as the Full Court comprising three judges, the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is superior to the Federal Circuit and Family Court of Australia for all jurisdictions except family law. It was established in 1976 by the Federal Court of Australia Act. The Chief Justice of the Federal Court is James Allsop. Jurisdiction The Federal Court has no inherent jurisdict ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tonga
Tonga (, ; ), officially the Kingdom of Tonga ( to, Puleʻanga Fakatuʻi ʻo Tonga), is a Polynesian country and archipelago. The country has 171 islands – of which 45 are inhabited. Its total surface area is about , scattered over in the southern Pacific Ocean. As of 2021, according to Johnson's Tribune, Tonga has a population of 104,494, 70% of whom reside on the main island, Tongatapu. The country stretches approximately north-south. It is surrounded by Fiji and Wallis and Futuna (France) to the northwest; Samoa to the northeast; New Caledonia (France) and Vanuatu to the west; Niue (the nearest foreign territory) to the east; and Kermadec (New Zealand) to the southwest. Tonga is about from New Zealand's North Island. First inhabited roughly 2,500 years ago by the Lapita civilization, Tonga's Polynesian settlers gradually evolved a distinct and strong ethnic identity, language, and culture as the Tongan people. They were quick to establish a powerful footing acr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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