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Migration Act 1958 : Case Study

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Added on  2020-07-22

Migration Act 1958 : Case Study

   Added on 2020-07-22

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CASE STUDYASSESSMENT TASK
Migration Act 1958 : Case Study_1
Table of ContentsINTRODUCTION...........................................................................................................................1TASK...............................................................................................................................................1CONCLUSION................................................................................................................................5REFERENCES................................................................................................................................6
Migration Act 1958 : Case Study_2
INTRODUCTIONConstitutional law is the legal body which is able to define roles, authority, power andstructure of different types of entities with in the territory of state (Mason and Stephenson,2015). It is the set of fundamental principals also it is able to define relationship among differentbranches of legal authorities (What is Constitutional Law?. 2017). Powers has been separatedamong them according to their qualification and skills.TASKCase: Al-Kateb v Godwin, 2004, in this case it has been stated that, Al-Kateb is person whoborn in 1976 in Kuwait. The Nationality of his birth place is based on citizenship of parents. Itdoes not provide citizenship on the basis of place of birth of people. According to Article 3founding are exception for the same. Because of the particular reason Al-Kateb is able to acquirecitizenship of Kuwait and it is considered as stateless person. After his birth he left his countrybecause it was pressurised to leave his place along with approx. 2,00,000 lack more people. Inyear 2000 on month of December he was arrived at Australia via travelling through bost withoutany visa as well as passport. This concept has been taken into provision of Migration Act 1958. Furthermore, Al-Kateb applied for the visa in order to stay in Australia for long timebecause he considered as stateless person. He filed application for the same purpose in order toobtain citizenship for his birthplace (Chemerinsky, 2016). But his application for citizenship wasrejected by Federal court of Australia. Legal authorities are not ready to provide them visa orprovide permission to stay in same country. After thatAl-Kateb was applied in Federal court forthe purpose of obtain writs of mandamus as well as habeas corpus. He was unlawfully detainedfrom the country. Through which judges or other legal authorities found that removal fromAustralia country is not able to considered as reasonably practicable. Due to this his applicationwas dismissed. If person having citizenship of one country and he wants to live in anothercountry then they have to obtain visa in order to receive permission for the same. After thisprocess person can easily live in one country equal to time mentioned under it. It is considered aswritten permission which is signed by legal authorities. Various types of legal document requiresfor the purpose of obtain visa. After expiry of this legal document, person needs to renew it inorder to live in same country. For the purpose of live in country person have to follow rules,1
Migration Act 1958 : Case Study_3

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