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Assignment on Constitutional Law

   

Added on  2020-04-01

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CONSTITUTIONAL LAW1Constitutional lawStudent’s NameClassUniversity AffiliationInstructorDate

CONSTITUTIONAL LAW2Constitutional LawMigration Legislation Amendment act 2017 of the Australian law posits that the commonwealth still has the administrative power to make migration laws. Moreover, it is the mandate of the executive power to maintain and execute the laws of the Commonwealth, particular laws regarding aliens and immigration as articulated in the laws of Australia in Section61 Chapter II of the Constitution. According to the act, the confinement of asylum seekers who enter Australia by boat is acceptable as articulated in the Migration, although through an unrestricted basis. Compulsory detention for unlawful arrivals came into effect in the year 1992 within the Migration Amendment Act, to ensure the systematization of migration rule1. Gerry Hand, who was the immigration minister at that time argued that detention would enable the dispensation of refugee entitlements, inhibit de-facto migration in addition to saving the cost of tracing individuals in the community2. However, with regard to the solution suggested by Cory De Flaky, the Minister for Immigration and Citizenship, to make strategic guidelines that includeconstructing an electronic fence in an attempt to curb refugees from entering Australia is not only inappropriate but counteracts human rights.With regard to scenario D on the case of Khushal Chakrabarty and his family, the minister and the commonwealth, in general, are not valid to prosecute Khushal and his family. 1Australia. (1992). Australia's refugee and humanitarian system: Achieving a balance between refuge and control. Canberra: Australian Government Pub. Service, pp.13-262Germov, R., & Motta, F. (2003). Refugee law in Australia. South Melbourne, Vic: Oxford University Press, pp.26-31

CONSTITUTIONAL LAW3Even though the fact remains that Part IV section 348 of the migration amendment act 2017 gives an agent of the Australian Border force the jurisdiction to detain any entrant who fails to produce legal documents including an Australian Visa documentation or a valid international visa, the circumstances that forced Khushal to seek refugee should not be overlooked. Khushal isseeking sanctuary after being targeted by the Hindu Nationalist militia, and hence his applicationto apply for asylum holds enough conviction on the ground that it offers sufficient proof of fear of persecution. Although the immigration act suggests that individuals who search for asylum buthave arrived without a legal visa may be apprehended, the circumstances surrounding the entry of such refugees should be scrutinized before making a hasty decision3. Despite Khushal possessing neither of the required documents, his argument that he feared for his life and thus decided to look for refuge in Australia holds enough weight to consider that he had to enter the country without the necessary documents. Therefore, the authorities should reconsider the rule and amend it so as to put into consideration special circumstances that may hinder one from adhering to the rules. Khushal also arrives in Australia by boarding an Indonesian fishing vessel which confirms his fear of persecution from the Hindu militia. Part IV 354 of the act also gives the executive the power to hold immigrants in detention until their status is established. The minister of immigration has the power as prescribed by the Commonwealth law to detain any suspect in readiness for deportation. This implies that before any deportation commences, the reasons that led to an individual seeking refugee should be analyzed and a viable option suggested. The Commonwealth law should thus offer guidelines that need to be followed so as to probe whether refugees have genuine assertions or not. 3Crock, M., Saul, B., & Dastyari, A. (2006). Future Seekers II: Refugees and irregular migration in Australia. Annandale, N.S.W: Federation Press, pp. 55-58

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