THE ISSUE The case raised questions regarding proper construction of provisions of the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth) relating to a valid visa application. DECISION Judge Tracey held that the Minister is only entailed to consider a visa application if it is valid according to Sections 45-47 of Migration Act 1958. Judge Tracey also found, that the methods of lodgement provided in item 1229(3) in Schedule 1 of the Regulations, should be treated as exhaustive and it was mandatory for the applicant to comply with the requirements. Failure to do so, resulted in an invalid visa application which the deciding Case Officer was not bound to consider. The application was lodged using facsimile instead of one of the methods prescribed in Schedule 1 Item 1229, being internet, post or courier. REASON Judge Tracey had regard to Project Blue Sky Inc v Australian Broadcasting Authority, in relation to issues with the construction of statutes. The case proposed that in order to define the purpose of a legislation, the extent and aim of the whole statute and the language of the relevant provision should be taken into consideration. Similarly, in “The Engineers Case” the court stated that the language of a statute should be examined in its ordinary and natural sense in order to understand the intent of Parliament behind making it. Judge Tracey also quoted Wu Yu Fang & 117 Ors v The Minister for Immigration and Ethnic Affairs & Anor and Onea,
Critically assess the applicability of this statement as an analysis of the current approach of the judiciary to statutory interpretation in Australia.
be described. Jurisdictional requirements for this case as well as the reasons why it was heard at
A determination of convention refugee status is made by an immigration officer or tribunal, based on several factors under the Immigration and Refugee Protection Act (“the Act”).
Applying Four common law criteria in this case study assessment was done as per the following:
* To decide if the child is in need ( Section 17(1) of the Children Act 1989 states that it shall be the
In the dissenting judgment made by Callinan J in the landmark New South Wales v Commonwealth (“Workchoices’ Case”), a strong criticism was mounted against constitutional interpretation methods employed in the judicial forum. Explicitly, this conjecture was focused at Isaacs J’s judgement in Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (“Engineers’ Case”), where a textualism approach to constitutional interpretation was adopted. Callinan J expressed the Engineers’ Case as “less than satisfactory”, using “detached language” to discredit its literal methodology of interpreting the constitution.
Legal citation of the case: Regina v Bilal Skaf; Regina v Mohammed Skaf [2006] NSWSC 394, 28 July 2006 AND amendment to this decision with the appeal: R v Skaf & Skaf [2008] NSWCCA 303, 17 December 2008
The adversarial nature of Australia’s court system deal with facts and legal implications. Here lies the establishment of such principles that make the law
Your managing partner has handed you the Supreme Court of Queenslands’ decision in The Public Trustee of Queensland and Anor v Meyer and Ors [2010] QSC 291 and asked you to answer the following questions. You should assume you are answering questions for someone who has not read the case, so be sure to provide sufficient detail in your answers. You do not need to provide reference details for Part A of the assignment.
12. What was the effect of the lifting of the requirement mentioned in question 11?
Conversely, other judges have found the judgement in Consul Development v DPC to be inconclusive, adopting a narrow interpretation of the judgement of Stephen J and restricting the requisite knowledge only to the first three categories of the Baden scale. This tendency toward a narrow approach increased following the decision in Royal Brunei Airlines Sdn Bhd v Tan (‘Royal Brunei’) as courts attempted to reconcile the UK and Australian lines of authority. However in other cases, such as Gertsch v Atsas it was held that that the acceptance of the first four Baden categories was synonymous with accepting a standard of honesty.
(b) R v Secretary of State for Transport, ex p Factortame Ltd (No.1) [1990] AC 85 and (No.2) [1991] 1 AC 603
Since the early 1990s, Australian judicial system has experienced a great flux revolving around the notion of good faith in the performance the enforcement of contracts. The leading case Renard Construction (ME) Pty Ltd v Minister for Public Works (Renard) along with Preistly JA’s judgment commenced the controversial introduction of universal obligation of good faith in all contracts. Such introduction was also confronted by the opposing force of the more conservative judgments, such as those of Meagher JA in Renard and Gummow J in Service Station Association v Berg Bennett & Associates Pty Ltd . In order to correctly assess the extent to which the High Court of Australia should recognize that in all contracts, parties
To critically evaluate the impact of the cases R v Bugmy and R v Munda on the existing case law.
This case was an appeal from the Court of Appeal, which originated from the Special Immigration Appeal Commission (SIAC). The appellant was born in Vietnam in 1983 and thus became a Vietnamese national and eventually moved to the UK and acquired British citizenship in 1995, but the appellant never took any steps to renounce his