Legislation and Cases Topic 1 – What is Admin Law Haneef v Minister for immigration and citizenship XXXXXXXXXXFCR 40 Guiseppe v Registrar of Aboriginal Corporations XXXXXXXXXXFCR 465 Plaintiff...

LEGISLATION AND CASES
Table of Contents
Introduction    3
Specific issues observed    3
Rules to be implemented    5
Application of the following rules    6
Provision of remedies    7
Conclusion    8
References    9
Introduction
Migration Act of 1958 (Cth) deals with the procedure that immigrant can follow while seeking asylum in Australia. Section 29 of Migration Act 1958 deals with visa section that can be granted to a person who is seeking to travel and reside in Australia. This particular law facilitate people who is seeking to reside in Australia can be safeguarded under protection visas mentioned in section 36 of Migration Act 1958 (Cth). However, section 504 of Migration Act 1958 (Cth) states that the decision of government is final in this case. This legal assignment deals with legal problem faced by an Indian couple who is seeking an asylum in Australia.
Specific issues observed
The issues that Indian couple S and H faced while seeking residence in Australia:
Jurisdiction and Justifiability matter in regulation:
As mentioned in section 29 of Migration Act 1958 (Cth), a person or people seeking to travel or reside in Australia can be granted visa [footnoteRef:2]. In respect to the mentioned section, the specific issue observed in case of S and H is the minister of Australia refused to grant the couple visa, as she was not at all satisfied with the reason given by couple to immigrate in Australia. The couple stated that their families residing in India might not accept their secret marriage. In respect to the claim, minister of Australia clearly stated there are no such laws regarding persecution in India. As mentioned in section 36 of Migration Act of 1958, the person seeking asylum in Australia can be protected with protection visa subject to certain conditions [footnoteRef:3]. Among which, people will have to satisfy the minister of Australia by portraying as refugee and satisfying all the criteria such as no criminal offence to reside in Australia. In relation to the case of S and H, Australian investigators on investigations found that both S and H have distant relatives residing at different countries. In relation to H, Australian investigators have found that H has close connection with Tamil Tigers. Therefore, granting the couple an asylum can pose a significant threat to Australian residents. [2: Hyndman, Patricia  ‘Australian Immigration Law and Procedures Pertaining to the Admission of Refugees’ (2013) 33 Immigration Law and Procedures, 716.
] [3: McKay, Leanne,  ‘Women asylum seekers in Australia: discrimination and the Migration Legislation Amendment Act (No 6) 2001 (Cth)’ (2013) 4 Melbourne International Law, 439
]
Regulational validity in judicial perspective:
As mentioned under section 29 (aa), the immigrants who are willing to take asylum in Australia have to satisfy the Australian Government regarding immigrant’s background [footnoteRef:4]. In case of S and H, it is observed that the reason for immigration of both S and H are not clear to Australian government. This is because of two reasons; firstly, there are no laws regarding persecution against secret marriages in India and secondly, there is H is linked to antisocial group of a foreign country. These two reasons are observed as specific issues for Australian government to deem that both S and H do not deserve the protection visa. However, it can be challenged to court if the person who is accused thinks that the accusations made against are not true. In aspect to this, both S and H thinks that relocating to India at that moment will be impractical and H strongly denied the claim that she is associated with antisocial groups of foreign country. [4: Migration Act 1958. (2 December 2017)
]
Jurisdiction and Justifiability matter in refusal of protection visa:
Section 29 (3) of Migration Act clearly states the immigrants seeking asylum in Australia will have to satisfy all terms and conditions of Australian Government before being granted a protection visa[footnoteRef:5]. In reference to this specific section, Australian Government refuses Indian couple S and H protection visa. This is because...