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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 if ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
High Court Of Australia
The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was established following the passage of the ''Judiciary Act 1903'' (Cth). Its authority derives from chapter III of the Australian Constitution, which vests it (and other courts the Parliament creates) with the judicial power of the Commonwealth. Its internal processes are governed by the ''High Court of Australia Act 1979'' (Cth). The court consists of seven justices, including a chief justice, currently Stephen Gageler. Justices of the High Court are appointed by the governor-general on the formal advice of the attorney-general following the approval of the prime minister and Cabinet. They are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. Typically, the court operates by receiving applicati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Federal Court Of Australia
The Federal Court of Australia is an Australian superior court 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 law, criminal matters. Cases are heard at first instance mostly by single judges. In cases of importance, a full court comprising three judges can be convened upon determination by the Chief Justice. The Court also has Appellate court, appellate jurisdiction, which is mostly exercised by a Full Court comprising three judges (although sometimes by a panel of five judges and sometimes by a single judge), 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
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 statelessness, stateless individuals. Surrounding events The United Nations Charter and Universal Declaration of Human Rights were approved on 10 December 1948. 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 Treaty#Protocols, protocol regarding measures to reduce statelessness. On 26 April 1954, ECOSOC adopted a Resolution to convene a Plenipotentiary, Conference of Plenipotentiaries to "regulate and improve the status of stateless persons by an international agreement". The ensuing Conference adopted the Conventio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
United Nations
The United Nations (UN) is the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and international security, security, to develop friendly Diplomacy, relations among State (polity), states, to promote international cooperation, and to serve as a centre for harmonizing the actions of states in achieving those goals. The United Nations headquarters is located in New York City, with several other offices located in United Nations Office at Geneva, Geneva, United Nations Office at Nairobi, Nairobi, United Nations Office at Vienna, Vienna, and The Hague. The UN comprises six principal organizations: the United Nations General Assembly, General Assembly, the United Nations Security Council, Security Council, the United Nations Economic and Social Council, Economic and Social Council, the International Court of Justice, the United Nations Se ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Passport
A passport is an official travel document issued by a government that certifies a person's identity and nationality for international travel. A passport allows its bearer to enter and temporarily reside in a foreign country, access local aid and protection, and obtain consular assistance from their government. In addition to facilitating travel, passports are a key mechanism for border security and regulating migration; they may also serve as official identification for various domestic purposes. State-issued travel documents have existed in some form since antiquity; the modern passport was universally adopted and standardized in 1920. The passport takes the form of a booklet bearing the official name and emblem of the issuing government and containing the biographical information of the individual, including their full name, photograph, place and date of birth, and signature. A passport does not create any rights in the country being visited nor impose any obligation o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Visa (document)
A visa (; also known as visa stamp) 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 can 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 (law), alien to enter and remain in the country. In each instance, a visa is subject to border control 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 evidence, instead recording details only in border security databases. Some ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Palestinian Exodus From Kuwait (Gulf War)
Palestinians () are an Arab ethnonational group native to the Levantine region of Palestine. *: "Palestine was part of the first wave of conquest following Muhammad's death in 632 CE; Jerusalem fell to the Caliph Umar in 638. The indigenous population, descended from Jews, other Semitic groups, and non-Semitic groups such as the Philistines, had been mostly Christianized. Over succeeding centuries it was Islamicized, and Arabic replaced Aramaic (a Semitic tongue closely related to Hebrew) as the dominant language" * : "Palestinians are the descendants of all the indigenous peoples who lived in Palestine over the centuries; since the seventh century, they have been predominantly Muslim in religion and almost completely Arab in language and culture." * : "Furthermore, Zionism itself was also defined by its opposition to the indigenous Palestinian inhabitants of the region. Both the 'conquest of land' and the 'conquest of labor' slogans that became central to the dominant strain ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Citizenship
Citizenship is a membership and allegiance to a sovereign state. Though citizenship is often conflated with nationality in today's English-speaking world, international law does not usually use the term ''citizenship'' to refer to nationality; these two notions are conceptually different dimensions of collective membership. Generally citizenships have no expiration and allow persons to work, reside and vote in the polity, as well as identify with the polity, possibly acquiring a passport. Though through discriminatory laws, like disfranchisement and outright apartheid, citizens have been made second-class citizens. Historically, populations of states were mostly subjects, while citizenship was a particular status which originated in the rights of urban populations, like the rights of the male public of cities and republics, particularly ancient city-states, giving rise to a civitas and the social class of the burgher or bourgeoisie. Since then states have ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Child Abandonment
A child () is a human being between the stages of birth and puberty, or between the developmental period of infancy and puberty. The term may also refer to an unborn human being. In English-speaking countries, the legal definition of ''child'' generally refers to a minor, in this case as a person younger than the local age of majority (there are exceptions such as, for example, the consume and purchase of alcoholic beverage even after said age of majority), regardless of their physical, mental and sexual development as biological adults. Children generally have fewer rights and responsibilities than adults. They are generally classed as unable to make serious decisions. ''Child'' may also describe a relationship with a parent (such as sons and daughters of any age) or, metaphorically, an authority figure, or signify group membership in a clan, tribe, or religion; it can also signify being strongly affected by a specific time, place, or circumstance, as in "a child ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Jus Soli
''Jus soli'' ( or , ), meaning 'right of soil', 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'' ('right of blood') associated with the French Civil Code of 1804. ''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 wars of independence movements that widened the definition and granting of citizenship, as a prerequisite to the abolishment of slavery since the 19th century. There are 35 countries that provide citizenship unconditionally to anyone born within its national borders. Some countries outside the Americas with mixed systems extend ''jus soli'' citizenship on a limited basis to children who are not ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Jus Sanguinis
( or , ), meaning 'right of blood', is a principle of nationality law by which nationality is determined or acquired by the nationality of one or both parents. Children at birth may be nationals of a particular state if either or both of their parents have nationality 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 Right of return, 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. In the 21st century, almost all Sovereign state, states apply some combination of ''jus soli'' and ''jus sanguinis'' in their nationality laws to varying degrees, in contrast to largely pure forms of either as used in the 19th and 20th centuries. Historically, the most common application of ''jus sanguinis'' is a right of a child to their father's nationali ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
Constitution Of Australia
The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution, which establishes the country as a Federation of Australia, federation under a Monarchy of Australia, constitutional monarchy governed with a parliamentary system. Its eight chapters set down the structure and powers of the three constituent parts of the federal level of government: the Parliament of Australia, Parliament, the Australian Government, Executive Government and the Judiciary of Australia, Judicature. The Constitution was drafted between 1891 and 1898 at a series of Constitutional Convention (Australia), conventions conducted by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria (state), Victoria, Queensland, Western Australia, South Australia and Tasmania. This final draft was then approved by each state in a 1898–1900 Australian const ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] [Amazon] |
