LAW RESEARCH ASSIGNMENT

Running head: LAW RESEARCH ASSIGNMENT.
LAW RESEARCH ASSIGNMENT

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LAW RESEARCH ASSIGNMENT
Table of Contents
Introduction......................................................................................................................................3
Part 1: Non-judicial review..............................................................................................................3
The merit issues or legal issues...................................................................................................3
The advantages and disadvantages of Jack’scircumstances........................................................6
Part 2: Judicial Review....................................................................................................................8
The standing situation of jack and the courts have jurisdiction...................................................8
The grounds with is open to challenge the administrative decision..........................................12
Conclusion.....................................................................................................................................13
Bibliography..................................................................................................................................15

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LAW RESEARCH ASSIGNMENT
Introduction
This research assignment is associated with a case where the client is accused of anti-Nationalist
activities within Australia. He did not have the citizenship of Australia and only held the
permanent residency visa for the last 29 years. The reason behind this complicated situation is
Jack Australian wife and three teenager kids. In fact, his deport in China will affect his family
and online petition signed by more than 10000 Australian citizen. Since, the minister has
managed to show that national security of Australia is more important than the family matters
and is directly referred him to take the advice of Australian security intelligence organization for
his actions. Finally, he also stated that never permit family circumstances to override the
government's responsibility to protect national security. Especially when the anti nationalist was
a known government political activist acting on behalf of foreign interest at the parliament 13
August 2018.
In this assignment, both the nonjudicial review and judicial review will be demonstrated in the
next two parts discussed. The nonjudicial review is focused on the availability of the best option
for the informal review or internal review. The Judicial review will be providing the possibility
of challenges by juridical review and the decision made by the original decision maker or
relevant tribunal.

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LAW RESEARCH ASSIGNMENT
Part 1: The Non-judicial review
The merit issues or legal issues
The case of Jack is not only associated with migration but also related to the border protection of
Australia. Therefore the use of several previous cases which are on related note, should be
researched well to understood which points will be helpful for understanding the current
situation of Jack. Viane v Minister for Immigration and Border Protection [2018] FCAFC 116 is
one of the cases of immigration and border protection, and this included 27 cases of Australia1.
According to this case, the proceeding of migration is appealed, for stopping the decision . How
about the first judgment where the process of upholding the decision has different character
grounds for not revoking the cancellation of a visa. For this case, the appellant can make
representation at this ground about the revocation for the decision taken by the Minister or
canceling it. This this is also helpful for different representations concern. This concern can be
related with the hardship to partner or also the hardship of children at the condition where the
appellant had to relocate. In the circumstances where the Minister generally failed in the process
of considering the appellant partner might face the difficulties. Similarly, the different
consequences which might be faced by the family of the appellant. This condition of effluent can
easily deny the procedure of fairness. This denial is accepted by the failure to consider a
substantial argument. Reclaim of resubmission can be made to the Minister who has happened in
this case of Jack. The Appeal is allowed. Under the circumstances, the matter limited to the
Minister for further the determination according to law 2.
1 Donnelly, Jason. "Utilisation of National Interest Criteria in the Migration Act 1958 (Cth)-A Threat to
Rule of Law Values." Victoria UL & Just. J. 7 (2017): 94. heinonline.org https://heinonline.org/HOL/LandingPage?
handle=hein.journals/dictum7&div=13&id=&page
2 Hurley, Thomas. "Case notes: The latest from the high and federal courts." LSJ: Law
Society of NSW Journal 15 (2015): 95. search.informit.com.au