Public Law Assignment Solved
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Added on 2020-10-22
Public Law Assignment Solved
Added on 2020-10-22
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Public Law
TABLE OF CONTENTSTable of Contents.............................................................................................................................2INTRODUCTION...........................................................................................................................1FACTs..............................................................................................................................................1ISSUES............................................................................................................................................1Natural Law Theory: Gleeson CJ....................................................................................................2Legal Positivism: Hayne J...............................................................................................................2CONCLUSION................................................................................................................................3REFERENCES................................................................................................................................4
INTRODUCTIONPublic law is considered as that part of law which is been governs relationships amongindividuals, government and those people which are of direct concern with the society. Thisproject aimed at provided all the legal facts, issues and theory those are associate with the publiclaw is discussed under this report (Levinson and Sachs, 2015).FACTsAl-Kateb v Godwin (2004) 219 CLR 562It was an effective decision making by the high court of Australia which ruled as on 6August, 2004. It indefinite proper detention of a stateless person as lawful. The commonwealthminister of immigrations decision in order to refuse the application which was temporaryprotection of visa. The major issues were found by the court is related with migration act 1958,whether it permit an individual in Al-Kateb’s situations to be mentioned indefinitely.Migration Act 1958 (Cth) ss 189, 196 and 198The plaintiffs “Oswald Otto” in any of the legal case mostly migration act is taken intoaccount. As it classified under unlawful non-citizen which is having arrived in Australia at aneliminated offshore place. Section 189(3) of MA need officers of the department of immigrationto quickly detain person. As well as under Section 196(1), person need to remain immigrateduntil that “Oswald Otto” remove from Australia, deported or granted. Section 198(2) of themigration act required to remove “Oswald Otto” from Australia as soon as reasonablypracticable provided that he would ether has not too made a valid application for theirsubstantive visa (McConville, 2017). ISSUES Ambiguity: Australia stands alone as the primary nation that pursues as a policy ofmandatory management detention of every unethical non-citizen. According to migration act,one who comes to Australia without taking prior permission would remain in detention until theoccurrence of any events. However, as per the majority of High court in Al-Kateb, constitutedthrough McHugh, there is no any kind of provision of consideration of either global law or thejurisprudence of other nation law. There is no any chance of ambiguity in the migration act(Loughlin, 2016). Statutory interpretation: It has been clearly found that the legislation is clearly andlegally provided for the plaintiffs to unlimited detention untilhis elimination from the nation. It1
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