Administrative Law Assignment: In-depth Review of Jack's Case

This assignment provides a detailed legal analysis of Jack's case, focusing on administrative law principles related to migration and national security. It explores both non-judicial and judicial review options available to Jack, who faces visa cancellation and potential deportation due to alleged anti-nationalist activities. The non-judicial review section examines options such as informal review, internal review, and ombudsman intervention, considering relevant case laws like Viane v Minister for Immigration and Border Protection and CNR and Minister for Home Affairs. It weighs the advantages and disadvantages of Jack's circumstances, particularly concerning his family ties and the minister's emphasis on national security. The judicial review section discusses the appropriate courts for the case, including the Federal Circuit Court, and grounds for challenging the administrative decision, highlighting the importance of social links and the online petition supporting Jack. The assignment concludes by emphasizing the potential for reconsideration based on family ties and the need to balance national security concerns with individual rights.

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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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

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The cancellation of the visa for product protection is taking very seriously by any country
including Australia. According to the case of Jack, he has been arrested because of taking part in
the protest of the international political party. In fact, his Visa is canceled under the migration act
of 1958(cth). In fact, the minister has also stated that he is accused of an association with a group
involved in criminal conduct. The online petition signed by 10000 Australian indicates the
condition of the family of Jack. The family includes the wife and three different teenagers.
However, at this circumstances, which of the teenager will be allowed who can stay in Australia
because of their age.
CNR and Minister for Home Affairs (Migration) [2018] AATA 2511 (20 July 2018) in another
case law which is related to this case of mandatory visa cancellation decision. The exercise of
discretion of revoke for the process of visa cancellation decision when the individual or applicant
generally fails to pass the test of character. The ministerial direction 65 is applied at the
circumstances when the character fails to pass the test3. This process all law is being used when
the question of protection of the Australian community comes forward. The nature and
seriousness of the conduction from the applicant crime area which is taken into account. If any
risk for the Australian population will arise, then this law can easily be imposed. However, the
best interest of minor children is also part of this law. The effluent has to meet the expectation of
the Australian community for not being punished. In addition to that, the non- refoulement
obligation must be owned by the applicant if this law is applied for the trials. There is the
strength which can be used by the applicant which is the nature and duration of social links or
https://search.informit.com.au/documentSummary;dn=572142459679886;res=IELAPA
3 Bennett Moses, Lyria. "The Need for Lawyers." (2018). papers.ssrn.com
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3225456

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family. The extent of impediments can also be part of this case implementation if the applicant
has removed4. The decisions need to be reset a site and substituted at this type of conditions. This
case law is essential because it includes the part of the character test which is mentioned by the
minister of Jack's case. Firstly he has stated that Jack is not able to pass his character test because
he is conducted a fundamental and serious issue related to the protection of the Australian
community. In fact, the minister for home affairs also included that when the risk of Australian
community arrives, it will be considered as part of the national security.
The advantages and disadvantages of Jack’s circumstances
There are both advantages and disadvantages of the stated law for the case of Jack. Firstly, both
of this law is helpful for the protection of the personal interest of Jack. The family issue which
arises because of the Australian wife of Jack and three different children who is not yet taking
their life decision because they are under 18. The cancellation of Jack visa will part of deporting
him China because of his failure of character test as well as conduction of Anti National
activities5. So fur, at this condition where the minister has taken his decision as per the national
security system it will be a disadvantages area for this case. The complexity of this case has
included various situations. As an ombudsman, it is the responsibility is to represent the interest
of the public and to investigate where the violation of rights is seen. However, this inspection
generally needs to be independent, and therefore the official duties have to be done by the
4 Tyulkina, Svetlana, and George Williams. "Combating terrorism in Australia through preventative
detention orders." Regulating Preventive Justice. Routledge, 2017. 136-152. taylorfrancis.com
https://www.taylorfrancis.com/books/e/9781317218562/chapters/10.4324%2F9781315620978-8
5 Douglas, Roger. Law, liberty, and the pursuit of terrorism. University of Michigan Press,
2018. oapen.org http://www.oapen.org/search?identifier=649962

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legislature 6. The interest of the public, in this case, is the protection of national security. In fact,
it has been found out that the federal government has identified the ombudsman as the
Parliamentary Commissioner. The current case laws of Australian legislation is not only
associated with immigration issues, but the national security or border-related issues are included
among them.
There is some advantage of this case for Jack. That is the social tie or family relations which has
bounded the National Law system of Australia into a difficulty. But still, the minister has stated
that national security is much more important than family affairs, and at this case, Jack was not
able to pass the character certificate which leads him towards the current decision of Australian
law system. According to the juridical review imprisonment of 15 years will be imposed on Jack
if he wants to stay in Australia. But there is another possibility of sending or deporting him back
to China by canceling his Visa 7. He became the permanent resident in the year 1989. And after
29 years of his permanent residency, the migration act of 1958 will not be appropriate for
implementing. The new legal act which is decided on 20 June 2018 has included the national
security or risk of Australian community as the priority. In this case, the social tie issue is the
only advantage of Jack at the circumstances because of protecting activities with the association
of International party. The minister has also added that every individual who is associated with
this type of national security issues has to face this same kind of consequences in the long run.
But as the newest law also included the family ties as part of the law, the advantage will be gain
by Jack.
6 Larsen, Ann-Claire, and Michael Crowley. "Government as usual: politics and law as
structural couples governing counter-terrorism in Australia." Griffith Law Review 24.4 (2015):
tandfonline.com https://www.tandfonline.com/doi/abs/10.1080/10383441.2015.1130569
7 Simon, Rita J., and James P. Lynch. "A comparative assessment of criminal involvement among
immigrants and natives across seven nations." Migration, Culture Conflict, and Crime. Routledge, 2017. 69-88.
taylorfrancis.com https://www.taylorfrancis.com/books/e/9781351784818/chapters/10.4324%2F9781315202358-5

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LAW RESEARCH ASSIGNMENT
The reconsideration or decision eyesight or substitution can be possible when the social links are
proven. From this perspective, the mandatory visa cancellation decision can easily be challenged
by Jack for the best interest of his minor children and social links8. Another advantage Jack is the
online petition signed by 10,000 Australians. The population of Australia is usually supporting
Zack at this condition for the condition of his family. However, it is the responsibility of the
Australian government to overlook the national security or Australian comminuted risk. But as
the Australian population is hugely supporting Zack, and this condition the decision set aside and
substitution possibility increase at a high rate.
Part 2: Judicial Review
The standing situation of jack and the courts have jurisdiction
The legal infrastructure of Australia is subdivided into four different categories of court.
According to the type of case the court has been selected. The high courts of Australia, the
federal court of Australia, family court of Australia, the Federal Circuit Court of Australia are the
four different type of court a case. In the beginning, the high court of Australia will be taken part
in the case. After the judgment of High Court, the applicant or the other party can easily take this
case to the federal court of Australia9. The most appropriate place for this case is the Federal
8 Carmon, Naomi, ed. Immigration and integration in post-industrial societies:
Theoretical analysis and policy-related research. Springer, 2016. books.google.co.in
https://books.google.co.in/books?
hl=en&lr=&id=VuxeCwAAQBAJ&oi=fnd&pg=PR9&dq=criminal+act+of+australia+related+to
+migration+and+politics&ots=6xDZRHez1W&sig=0SFohhnWcrrinaNF0DQc6UtS0O8#v=onep
age&q&f=false
9 Pickering, Sharon, and Julie Ham, eds. The Routledge Handbook on crime and
international migration. Routledge, 2017. books.google.co.in https://books.google.co.in/books?

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Circuit court of Australia. The places are associated with different jurisdiction over the matter
which is related to the administrative area as well as family matters. In this case, the security of
the Australian community is a major concern for the Government of Australia. The visa
cancellation or deport of Jack to China is also the concern of this type of court.
According to the legal perspective, at the time when Jack is arrested for the protest of the
international party. Taking part in the protest against the national government is counted as a
crime in Australia. In fact, it is considered a criminal offense. It is also part of crime for the
Australians. But Jack is not an Australian citizen. He only gets his permanent residency visa in
Australia after four years of living in Australia at the year of 1989. He does not pass the
character test because of his criminal offense according to the Government of Australia.
Therefore the cancellation of visa according to the migration act has considered as part of giving
him the refugee status10. But when he identified that his wife is an Australian citizen and the
children did not even visited China in the lifetime and neither speak Chinese. They are
individually the citizen of Australia. According to the migration act any person or presence of the
Australian population if identified as an alien then he or she will be departure or deportation
hl=en&lr=&id=goubBAAAQBAJ&oi=fnd&pg=PP1&dq=criminal+act+of+australia+related+to
+migration+and+politics&ots=2oS0Vemsxf&sig=_k40dNIRshR3PfWFb4OHGZnjQjM#v=onep
age&q=criminal%20act%20of%20australia%20related%20to%20migration%20and
%20politics&f=false
10 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=

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LAW RESEARCH ASSIGNMENT
from Australia11. Because of the anti-Nationalist activities, Jack can easily give imprisonment for
the terrorist activities. According to the Criminal Code Act, 1995 division 101 committing and
terrorist activities are planning for a terrorist act can be considered as and terrorist activity. If the
Convict is arrested at the time of intent to commit the offense or their action might be accounted
as part after terrorist act offense, then it will be considered a criminal offense.
Except that for combating with terrorism Australia has developed their different infrastructure
with them in the ground of legislation. For example, the Australian security intelligence
organization act 1979, the criminal’s act 1914, and the defense act 1903, the national security
information at 2004 is also part of the jurisdiction. All of this above laws are part of the defense
system of Australia. The Australian security intelligence organization act works for the Australia
security service. This process has the purpose of undertaking surveillance for the questionable
person. The various information will be gathered why the intelligence which can be related to the
terrorist activities. Except that the criminal's business is related to the investigation authority
different issues are related to treachery. There are also some different aspects of this criminal act.
But in this case the part II this act will be taken into account. This part mainly highlights the
offenses against the government. Jack is associated with a protest against the government.
Therefore he is office can easily be included under the criminal act 1914. The Criminal Code Act
1995 include various activities. Among them, the path 5.1 which is treason and the 5.4 part
which is associated with harming Australians are taken into account for this case. The minister of
11 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
https://search.informit.com.au/documentSummary;dn=572142459679886;res=IELAPA

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LAW RESEARCH ASSIGNMENT
this case has pointed out that the criminal offense done by Jack is harmful to the Australian
communities because it is directly related to accusing the Government of Australia. The activities
in which Jack is associated with are the act of disobeying the Government of Australia. The
condition when he is living in Australia with a permanent residency approval but without
citizenship. He will not achieve the character test for getting citizenship at this condition. In fact,
the minister has also stated that the living of Jack in the Australian society can be a threat to the
Australian community. Therefore the part 5.4 of criminal code act 1995 which is associated with
the terms of harming Australians is one of the most critical ground, where Jack is standing
currently. If the protest in which is part of will turn into harming any serious harm on the
Australians, then it will directly affect the existence of Jack. The defense act 1903 part IIIAAA is
associated with the various incidents of Australia related to the defense of the Australian
community. Except that, the national security information is associated with the structure of
courts which is related to the national security12.
Besides that, it also needs to understand by Jack that an anti-national activity did not count as an
exercise for freedom of expression. The protest he is associated with is counted as an anti-
national activity. But according to the expressions and perspective of Jack, his activity is an
exercise of freedom for expression. Therefore the penalty for 15 years of imprisonment is
applied for foreign interference. And in this case, without proper citizenship or only with a
permanent residency approval the Anti National activity is counted as an act of terrorism.
Therefore it will be beneficial for him to understand that he is activities is not a protest act but as
12 Bennett Moses, Lyria. "The Need for Lawyers." (2018). papers.ssrn.com
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3225456

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a Chinese citizen it is counted as terrorism by the Australian government. The national security
issue is the main concern at this current situation for the legal infrastructure. They did not even
want to count the family ties because and terrorist attack can directly affect thousands of families
in Australia13.
The grounds with is open to challenge the administrative decision
Like every other country, the national security is taken very seriously in Australia; therefore, the
family issues are not being considered by the minister for making decisions about Jack. Besides
that, the citizens of Australia have signed the online petition in favor of Jack. The number is also
very high who are supported Jack at his current situation. However, it has been founded that the
two different law cases which are identified in the non-juridical section are the main two strong
point for Jack. After spending more than 34 years in Australia, Jack has contributed his life in
Australia. He has a wife who is an Australian citizen. But the strongest point Jack from which we
can easily challenge the decision of the Minister is the minor children. The ages of his three
children are 15,18 and 19 years. Three of them are teenagers and never visited China in their
entire life. Therefore these teenage children are dependable on his father. Thus, the cancellation
of visa of Jack or departure Jack will directly affect in their life because none of them is yet
taken their decisions for life. The second case stated in the non-juridical section where the
involvement of ministry for home affairs is having a close that minor children or other family or
13 Tyulkina, Svetlana, and George Williams. "Combating terrorism in Australia through
preventative detention orders." Regulating Preventive Justice. Routledge, 2017. 136-152.
taylorfrancis.com
https://www.taylorfrancis.com/books/e/9781317218562/chapters/10.4324%2F9781315620978-8

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LAW RESEARCH ASSIGNMENT
social links can easily change the scenario. This also pointed as reside the decision or finding out
a substitution for the decision. As a legal advisor, this is considered as the most strong point in
this case. There is another point which is also important to count on. The online petition which is
opposing Jack's deportation is also pressure for the government. Numerous visa holders are
living in Australia without citizenship. This decision given by the Minister is also directly
affecting their threat of living in Australia and becoming part of a political allegation14. At that
circumstances, if the online petition opposition numbers will increase the legal infrastructure of
Australia has to reside the situation and think about a substitution order for this case.
Conclusion
In light of the above discussion, it can be apprehended that the legal framework of a country
always protects the communities of the country. That is considered as the highest priority for the
law system in there are new amendments in the areas which are related to this case. Just a few
days before this incident has occurred the new clauses in the law has changed the entire scenario.
The law is illustrated at the time when the incident already occurred. But due to several
processes now Jack can easily challenge the decision of jurisdiction. His family is the strongest
point from which the law needs to give him other substitute decision rather than departure to
China. The Minister also need to reconsider that more than 10000 people of Australia are
opposing the decision and if the number increases there will be a possibility of protest against the
14 Larsen, Ann-Claire, and Michael Crowley. "Government as usual: politics and law as
structural couples governing counter-terrorism in Australia." Griffith Law Review 24.4 (2015):
tandfonline.com https://www.tandfonline.com/doi/abs/10.1080/10383441.2015.1130569

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government. There are thousands of visa holders living in Australia who are also contributing to
the national income of the country. Therefore we considering the situation object by finding any
substitute will be the best decision of the Australian government.

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Bibliography
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=
Schilling, Meredith. "Migration law [Book Review]." Victorian Bar News 160 (2016): 96.
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
https://search.informit.com.au/documentSummary;dn=572142459679886;res=IELAPA
Bennett Moses, Lyria. "The Need for Lawyers." (2018). papers.ssrn.com
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3225456
Tyulkina, Svetlana, and George Williams. "Combating terrorism in Australia through
preventative detention orders." Regulating Preventive Justice. Routledge, 2017. 136-152.
taylorfrancis.com
https://www.taylorfrancis.com/books/e/9781317218562/chapters/10.4324%2F9781315620978-8
Douglas, Roger. Law, liberty, and the pursuit of terrorism. University of Michigan Press, 2018.
oapen.org http://www.oapen.org/search?identifier=649962
Larsen, Ann-Claire, and Michael Crowley. "Government as usual: politics and law as structural
couples governing counter-terrorism in Australia." Griffith Law Review 24.4 (2015):
tandfonline.com https://www.tandfonline.com/doi/abs/10.1080/10383441.2015.1130569
Simon, Rita J., and James P. Lynch. "A comparative assessment of criminal involvement among
immigrants and natives across seven nations." Migration, Culture Conflict, and Crime.

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LAW RESEARCH ASSIGNMENT
Routledge, 2017. 69-88. taylorfrancis.com
https://www.taylorfrancis.com/books/e/9781351784818/chapters/10.4324%2F9781315202358-5
Carmon, Naomi, ed. Immigration and integration in post-industrial societies: Theoretical
analysis and policy-related research. Springer, 2016. books.google.co.in
https://books.google.co.in/books?
hl=en&lr=&id=VuxeCwAAQBAJ&oi=fnd&pg=PR9&dq=criminal+act+of+australia+related+to
+migration+and+politics&ots=6xDZRHez1W&sig=0SFohhnWcrrinaNF0DQc6UtS0O8#v=onep
age&q&f=false
Pickering, Sharon, and Julie Ham, eds. The Routledge Handbook on crime and international
migration. Routledge, 2017. books.google.co.in https://books.google.co.in/books?
hl=en&lr=&id=goubBAAAQBAJ&oi=fnd&pg=PP1&dq=criminal+act+of+australia+related+to
+migration+and+politics&ots=2oS0Vemsxf&sig=_k40dNIRshR3PfWFb4OHGZnjQjM#v=onep
age&q=criminal%20act%20of%20australia%20related%20to%20migration%20and
%20politics&f=false