Minister Immigration And Border Protection â€Myassignmenthelp.Com

Question: Discuss About The Minister Immigration And Border Protection? Answer: Introducation The paper analyses and discusses the reasons for the courts decision in the case of Karan v Minister for Immigration and Border Protection [2017] FCA 872. The paper also Explain and discuss the principles of statutory interpretation used by Siopis J in this case with respect to reaching the conclusion. In the given case the person making an appeal was a citizen of Fiji and was 41 years old[1]. The appellant travel to Australia from Fiji holding a visitor visa to pay a visit to his family residing in Australia. Condition 8503 in relation to schedule 8 of the migration regulations 1994 was applicable on visitor visa held by the appellant. The visa condition did not allow the person making the appeal to make an application for any other visa other than a protection visa while he was in Australia[2]. A refusal with respect to the waiver of condition 8503 was made by the minister for immigration and border protection and his delegate. An appeal was made by the appellant in the federal cir cuit court of Australia for the purpose of judicial review of the decision provided by the delegate of the Minister. The application made by the appellant was dismissed by the primary judge on 13 December 2016 in relation to judicial review[3]. An appeal was then made by the appeal and against that order to the federal circuit Court[4]. Section 41 of the Migration Act 1958[5] provided that in prescribed circumstances a minister has the right to waive the visa condition[6]. After staying for 15 years in Australia the appellant had married an Australian citizen and therefore the appeal and due to the no further stay condition was not able to apply for a spouse Visa[7]. Upon the medical examination of the appellants wife it was provided that she would suffer increased mental health problems if a husband would depart from her. However the decision of the delegate of the Minister was that the way we are of no further stay condition cannot be made as regulation 2.05 of the migration regulations was not satisfied[8]. The situation in relation to which a visa condition may be waived states that compassionate and compelling circumstances must have been developed since the person was granted a visa which was subjected to 8053 condition. The circumstances must be out of the persons control and bring a major change to that pers on's life. If a minister has previously not waived the no further stay condition he can consider a request again if substantial with different circumstances take place. It was accepted by the delegate that the desire of the applicant to stay in Australia who was compassionate in nature however it did not considered the situation to be compelling[9]. The decision of the delegate was found by the primary judge to have considered all circumstances and as there was no jurisdictional error with respect to the decision of the delegate the judge had to reject the appeal made by the applicant[10]. The appellant again made an appeal in this court stating that the previous court erred towards its ruling regarding consideration by the delegate of the minister[11]. The judge in this case rule that although there was no obligation on the delegates to provide the reason for his decisions he chose to do so and thus permitted scrutiny of such reasons which were used by him[12]. In the case of Soliman v University of Technology, Sydney [2012] FCAFC 146 it had been ruled by the court that a failure to consider all the submission made by a person can constitute jurisdictional error[13][14]. The judge in this case found based on the expert opinion provided by the psychologist report that the wife had suffered emotional distress because of a previous marriage and had a pre existing condition of anxiety and suicidal tendency the wife may be subjected to further mental damage[15]. The case of the appellant was thus not only based on the fact that the wife would suffer because of the separation. In this case the wife has already suffered various mental trauma and the Separation could add up to search mental issues[16]. The judge for the rule that even if the reason it was provided by the delegate is in relation to the psychologist report the delegate has failed to address the issue with respect to his reasons. It is also in fact apparent that the nature of the case was not appreciated by the delegate as in relation to his opening sentence he address the issue of separation as being no more than anxiety of experiencing separation from loved ones. Therefore the judge held at i n its view the primary judge made an error with respect to the manner pleaded in relation to the grounds of appeal. In addition the judge provided that for such reasons The Appeal was to be upheld and an order with respect to the writ of mandamus and certiorari which has been claimed by the appellant nose to be granted[17]. The judge even provided that the appellant was entitled to claim the cost of appeal from the respondent[18]. Section 5 of the Interpretation Act 1999 states that while interpreting a meaning of a statue the judges have to consider the whole purpose of the legislation[19]. In addition the judges have to pay attention to the table of contents, the images, the graphics, and the notes provided through the legislation. The words of the provision has to be given meaning in accordance to the purpose of the legislation. Therefore in this particular case the judges used Section 5 of the interpretation act as the migration regulation 1994 regulation 2.05 clearly states that a minister has to waive the no further stay condition after considering properly any compelling or compassionate circumstances which have originated since the visa was issued and are not in control of the visa holder. References Interpretation Act 1999 at s5 Karan v Minister for Immigration and Border Protection [2017] FCA 872 Migration Act 1958 (Cth) Migration Regulations 1994 (Cth) Soliman v University of Technology, Sydney [2012] FCAFC 146 [1] [2017] FCA 872 at [1] [2] [2017] FCA 872 at [2] [3] [2017] FCA 872 at [3] [4] [2017] FCA 872 at [4] [5] Migration Act 1958 (Cth) at s41 [6] [2017] FCA 872 at [5] [7] [2017] FCA 872 at [6] [8] Migration Regulations 1994 Schedule 8 [9] [2017] FCA 872 at [16] [10] [2017] FCA 872 at [23] [11] [2017] FCA 872 at [24] [12] [2017] FCA 872 at [25] [13] [2017] FCA 872 at [26] [14] [2012] FCAFC 146 at [55] [15] [2017] FCA 872 at [29] [16] [2017] FCA 872 at [30] [17] [2017] FCA 872 at [32] [18] [2017] FCA 872 at [33] [19] Interpretation Act 1999 at s5

Flextime Memo Essay Example

Flextime Memo Paper The Current Problem County Government offices are currently open from game to pm. Employees have limited flextime in that they can come in half an hour early or leave half an hour late. However some employees want to start at am so they can leave at 2 pm; a few others would prefer to start at 1 lam and leave at pm. In the past few months, we have had an increase in the attrition rate from 10% to 25%. Feedback from our survey indicates the main reason for this is the limited flextime. Proposed Solution I recently met with the HER directors from SST Charles and Jefferson countless and learned that they had the same problem, as well as the same request for expanded flextime from their employees. By Increasing the flextime they have noticed a major drop in the attrition rate from 20% to 5%. Potential Disadvantages The following are the disadvantages 1. Staff Meetings: How to hold staff meetings or supervise our staff members if everyone works different hours. Solution: Regardless of their start time, all the employees will be present In the office from pm 2 pm; we can hold our staff meetings during these hours. 2. Service to Customers: How to ensure that we are available to serve the public if our employees work on sun nacelle mourn? Solution: Expanded flextime would actually allow us to expand our open hours (E. G. , am pm), which would be helpful for taxpayers who also have to work am pm. 3. Cost: There will be a minimal increase in the usage of electricity by 200$ per month due to longer working hours. We will write a custom essay sample on Flextime Memo specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Flextime Memo specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Flextime Memo specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Solution: This can be nullified when compared to the additional hours/day customer service without an increasing overtime or employee pay. Potential Advantages The following are the advantages 1. Decreased Attrition: A drop in the attrition rate with an anticipated savings of 70% on the training and recruiting of new employees. 2. Enhanced Customer Service: We will be available to the public longer each day, reducing delays at the counter and by phone, with an anticipated increase in efficiency of 30% per day. 3. Improved Customer Satisfaction: Customer calls will be answered promptly. Queries that can be resolved on the phone, which will save the customers traveling time and reduce employee counter time. The Human Resource directors of the other counties conducted a survey, which showed that their employee satisfaction has improved 70% after flextime was expanded. If we do the same we can Apart from this we can have savings by 70% at no increased cost.

Free Essays on Jacksonian Times

Kohls ideas of the â€Å"Age of Jackson† or â€Å"The Jacksonian World† were mainly different than the Historical stereotypes of this age. He thinks that the Whigs are the ones had most of the power in politics and the economy of this time. Its not that the Whigs were better than the Jacksonian’s or anything like that they just had an outlook about life that was quiet different than the Jacksonian outlook. Jacksonian’s thought that they were always being used in some way or form, and looked for the bad in everything. Whigs looked for the good in everything and were ready and happy for economic and social change. Jacksonian’s have a big issue with economic inequality throughout this book. They think that the Whigs true cause is to own the economy. Kohl defines a Jacksonian Democrat as a man that is torn between the demands of character and his society. Jacksonians were bound up with conflict inside themselves at this time of history. Although Jacksonian’s did change as society and the economy changed they were always looking for someone or something to point a finger at or talk about. These democrats were always thinking of how they were being misused. The Jacksonian’s had three names for the types of people in their world. â€Å"The Jacksonian world was made up of victims and victimizers, the fettered and the free, and outsiders and insiders† (Kohl, 22). The â€Å"victim and victimizers† idea first came about when Jackson wasn’t elected to the House of Representatives in 1824. Jackson was furious when he wasn’t elected, and spoke out about it in his speeches after the election. He thought that Adams and Clay had cheated him out of the House. As Jackson gave more and more speeches his feelings just kept getting stronger and stronger until he finally began to speak out that not only him, but the people had also been cheated in this election. The Jacksonian’s were the farmers and laborers, and things of that n... Free Essays on Jacksonian Times Free Essays on Jacksonian Times Kohls ideas of the â€Å"Age of Jackson† or â€Å"The Jacksonian World† were mainly different than the Historical stereotypes of this age. He thinks that the Whigs are the ones had most of the power in politics and the economy of this time. Its not that the Whigs were better than the Jacksonian’s or anything like that they just had an outlook about life that was quiet different than the Jacksonian outlook. Jacksonian’s thought that they were always being used in some way or form, and looked for the bad in everything. Whigs looked for the good in everything and were ready and happy for economic and social change. Jacksonian’s have a big issue with economic inequality throughout this book. They think that the Whigs true cause is to own the economy. Kohl defines a Jacksonian Democrat as a man that is torn between the demands of character and his society. Jacksonians were bound up with conflict inside themselves at this time of history. Although Jacksonian’s did change as society and the economy changed they were always looking for someone or something to point a finger at or talk about. These democrats were always thinking of how they were being misused. The Jacksonian’s had three names for the types of people in their world. â€Å"The Jacksonian world was made up of victims and victimizers, the fettered and the free, and outsiders and insiders† (Kohl, 22). The â€Å"victim and victimizers† idea first came about when Jackson wasn’t elected to the House of Representatives in 1824. Jackson was furious when he wasn’t elected, and spoke out about it in his speeches after the election. He thought that Adams and Clay had cheated him out of the House. As Jackson gave more and more speeches his feelings just kept getting stronger and stronger until he finally began to speak out that not only him, but the people had also been cheated in this election. The Jacksonian’s were the farmers and laborers, and things of that n...

Online Shopping Term Paper Example | Topics and Well Written Essays - 1500 words

Online Shopping - Term Paper Example With the increased exchange of products via the internet, the economy has been able to gain tremendously. Secondly, online shopping requires the services of middle-businessmen who will transport the products to the buyers. The middlemen serve an important purpose of ensuring the products and services are availed at the most appropriate time. This creates job opportunities to the many people that are unemployed (Miller 121). With such a development, the new economy develops since there are some people that have a disposable amount of income which is spent in the economy. Therefore, it is evident that online shopping has developed the proceeds of the economy by creating job opportunities and enhancing the economy through constant exchange of products from the sellers to the buyers. Similarly, it has enabled constant flow of money in the economy since the quality of products is improved. The buyers and sellers are the first hand benefiters from online shopping. Online shopping connects buyers to sellers in a more elaborate and easy manner. First, buyers get to know the location of sellers and how they can be contacted. This eases the process of acquiring products and services. As such, the buyers will have an easy time in locating the sellers. Secondly, the buyers will not waste time looking for an appropriate supplier of the products that need (Rich 167). This is convenient to people that have a busy schedule. As such, they will spend limited time in contacting an appropriate seller of the products they need. Thirdly, buyers do not have to physically access the sellers’ shop for the products. They can make communications via the internet and provide all the information that is needed. This eases the... Online shopping has had an effect on traditional shopping in a number of aspects. First, online shopping has reduced the number of people that rely on traditional shopping. For instance, this has reduced the number of people that physically access shopping centers and the market to buy products and services. Secondly, online shopping has increased the number of people that use electronic cash transfers in buying products. This has affected traditional shopping since very few people carry hard cash. This has had negative effects on traditional shopping since impulse buying has been reduced. As such, people that do not use online selling tactics are disadvantaged. Thirdly, online shopping has changed the world in that people expect to be supplied with the products they have bought. Many people expect the products to be delivered at their homesteads and door steps after making a purchase. This affects traditional shopping negatively since it does not have such services.Though online sho pping has its favored advantages, it has a number of drawbacks. First, there are some products that are not sold online. This makes it hard for a seller to attract some customers online.

World Issues and Anthropology Essay Example | Topics and Well Written Essays - 1000 words

World Issues and Anthropology - Essay Example Anthropological study of environment will help me in defining and determining various forces that operate in the environment and the possible ways of handling the individual forces. I value anthropological study of the environment because of its efficiency and accurateness in providing a clear and broad overview on the ways one should interrelate and transform the environment into an attractive place for my stay. In addition, anthropological study of the environment will help in understanding various concepts that dominate different community and be able to structure appropriate techniques of ensuring maximum peaceful coexistence with different individuals. Understanding environmental issues from the anthropological point of view is equally critical for the world in that it helps in fostering peace and love, which are the basic determination of a healthy world. Anthropological study of the environmental issues assists and enlightens human beings from different societies concerning various business and trading activities and principles that overrule the current world. Anthropological study of the environment enable people to discern and understand the history of politics in different societies, to help in the set up and establishment of an appropriate political system to rule particular communities. In addition, anthropological study of the environment assists people in obtaining historical socio-cultural practices of different community thereby providing a clear link to perceiving the structure of different communities in the current world. Furthermore, anthropological study of the environment enables people opportunities to innovate a nd renovate vital tools and machines used in the contemporary world by studying the history of creation of certain items. Havilland argues that human nature is the same and only differs due to environmental changes within their surroundings. Havilland portends that the changes in the

Engineering Is a Very Important Part of Our Society Essay Example for Free

Engineering Is a Very Important Part of Our Society Essay Engineering is a very important part of our society, both now and in the past. It is a major that opens a wide variety of career opportunities for you after college. Engineering is what keeps our nation moving and up to date with technology. It is a very strong appealing major in college due to the amount of average income, and also it appeals to many individuals likes in a career. It has the highest paying income straight out of college, and that increase in pay usually does not stop, it just keeps increasing. Another appealing aspect of a career in engineering is the possibility to work for a foreign company, and no matter where you live in the United States, your income never decreases due to the other local income. It is a rewarding career, both financially and mentally. This is one of those careers that you feel a great deal of self-worth after completing an assignment, or creating something new and improved to keep up with technology. It is a major that requires more time and effort than most other majors. You need to apply yourself or you will just fall behind and most likely just drop the major all together. Whether you choose general engineering or a more difficult division such as mechanical or To become a successful engineer is to ensure a spot in our future. Almost every type of engineering will be required to run our world, now and in years from now. Engineering is very important aspect of our working world. It keeps us going and up to date with technology. Without engineers, there would be no moving parts, which means no cars, planes, video games and anything else you can think of that requires moving parts to operate. Over all engineering is concerned with technology and keeping the world going. In the future, near or far, engineering most definitely has its place in our world. If the future holds a few big technological advances or a lot, engineers will still be there making sure everything runs smooth and properly. A world without engineers could only exist if everything made, was made to perfection and would never fail or break down. For now, we need to keep putting out successful engineers into our working world, and make sure that there is a future. l or aerospace, your major is the most difficult one you can choose. I recently interviewed Jack Byrd, an engineering professor at West Virginia University, on Mechanical Engineering. The interview detailed the importance of engineering and the process he went through to be where he is today. This interview would be an insight to anyone who has the slightest interest in engineering or becoming an engineer and what it takes to become a successful engineer. After college is where your education really takes its part in your life. Even though your schooling is over, it plays one of the biggest roles in all your opportunities after you graduate. Once you get your resume around, you have many possibilities and opportunities ahead of you to choose The world is changing rapidly. From the Stone Age to the Iron Age today we are living in an ultramodern era where things which were not even thought of earlier have become vital necessities in our life. For example, light in those ages was to be got only from sun for a limited part of day. But now we have electricity for all time use. Thanks to Thomas Alva Edison who by inventing electricity illuminated the whole world.

The 1945 Truman Proclamation relating to the right to explore and explo

September 28, 1945 marked the time when the U.S. ventured in the exploitation of sea resources such as oil and gas. President Truman issued a proclamation in favour of the country to explore and exploit these minerals under United States policy (Frazier 2009, p.3). The Truman Proclamation firmly consolidated the distinction between the question of the legal regime governing fisheries resources beyond the territorial sea and the regime governing mineral resources. As far as the legal concept of the continental shelf was concerned, its main characteristics were established as a natural prolongation of the state’s land territory (Currie, Forces & Oosterveld 2007, p.403). The Proclamation established a clear separation between the territorial sea and shelf, in which the coastal state could not extend its sovereignty, but only under its jurisdiction and control. According to Byers (1999, p.91), the Truman Proclamation had been linked to the end of the social and economi c needs of World War II where the development of technology in the United States began to generate national interest in exploration and exploitation of off-shore oil fields. This had very significant legal implications, bearing in mind that for hundreds of years, sea resources had not been exploited under any regulation by any state. Following this proclamation, the U.S. Congress enacted legislation in 1953 in the Outer Continental Shelf Lands Act (OCSLA), which addressed the control of resource exploitation at the continental shelf by both the federal and state authorities. By so doing, the government wanted to ensure that natural resources at the coast and in the sea were exploited but in the right and legal manner. This perhaps would lead t... ...conomic fishing zone (EFZ) and 24 nm for contiguous coastal zones by the United Nations Convention of the Law of the Sea (Currier, Forcese & Oosterveld 2007, p.404). This saw the eventual transmission of U.S. views to other parts of the world since the UN had adopted the same laws. In conclusion, the regime of law on the continental shelf convention in regards to exploitation of natural resource was historically developed from President Truman Proclamation. After the US proclaimed it sovereignty to utilize sea’s natural resources, the country embarked on coming up with new laws that sought to ensure control of these sea portions. The Truman Proclamation can be said to have affected many legislative initiatives all over the world with regard to use of the sea subsoil and the waters in general. Most of these legal effects are still felt to hitherto.