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Essay on Al-Kateb (PDF)

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Added on  2021-01-02

Essay on Al-Kateb (PDF)

   Added on 2021-01-02

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RESEARCH ESSAY
Essay on  Al-Kateb  (PDF)_1
Table of ContentsINTRODUCTION...........................................................................................................................1LOGICAL ARGUMENTS..............................................................................................................1Issues...........................................................................................................................................1Decisions.....................................................................................................................................2CONCLUSION ...............................................................................................................................4REFERENCES................................................................................................................................6
Essay on  Al-Kateb  (PDF)_2
INTRODUCTIONResearch essay presents arguments on one topic of study which helps in developingcritical understanding over the topic of research. The present assessment is focused on arguingon case of Al-Kateb casev Godwin, which was ruled on 6th August 2004. The case was about theAhmed Al-Kateb man born in Kuwiat and further moved to Australia in 2000 where he appliedfor visa for temporary protection. The ruling court of case was High court of Australia wherecatchword of case were, immigration, statutes, constitutional law and Migration Act 1958.LOGICAL ARGUMENTSAustralia stands out amongst all western nations because it is only country which pursuespolicy and strict regulation of mandatory administrative detention for all unlawful non citizens incountry. Detention means prevention from proceeding with the motive of restricting freedom ofmovement. Detention is prevention of unlawful activities to have is grounded for reasonablesuspicion. According to the case of Al-Kateb v Goodwin, Mr Al-Kateb arrived in Australia inbetween December 2004 by vessel without any passport or Australian visa (Prince, 2018). Afterhe reached Australia,. Al-Kateb applied for a protection visa. But the application of the visa wasrejected by the department of the immigration and multicultural & indigenous affairs. Heappealed against the decision of the department to the refugee review tribunal that supported thedecision. Al-Kateb then applied to the federal court and further to the Gull federal court but bothdismissed his appeal. He was asked to go from Australia, but it failed due to the difficulty forAustralia to make arrangements with other countries to deport him because of his statelessperson status. The Al-Ketab then sought a legal document of mandamus from the federal coutrtyrequiring compliance with s198 of the migration act. This was also dismissed, then Al-Ketabsought prerogative relief against the minister of immigration and Multicultural & Indigenousaffairs and two offices of the department on the grounds that his detention was not lawful. Butagain this was dismissed, the appeal for this decision was removed to the High court undersection 40 of the Judiciary act 1903 at the request of the commonwealth Attorney General(Maguire, 2017).IssuesThe main consideration of the High court was whether an individual who had no prospectof removal could remain in required detention for an indefinite period of time. The court wentthrough section 189, 196 and 198 of the migration act to identify whether it can be interpreted to1
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