Australian Administrative Law - Essay Example

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Australian Administrative Law Name Professor Institution Course Date Australian Administrative Law Introduction Administrative law is a section of law governing activities of various governmental organizations. In any country, the government has a number of agencies that it uses in administering the laws of that particular country (Hocking & Guy, 2010)…
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Download file to see previous pages In Australia, for example, administrative law involvement in decision-making cuts across tribunals, commissions formed by the government, and boards that act as part of law regulatory schemes in the country (Hocking & Guy, 2010). Principles of the ground review in Australian Administrative law (AAL) In the process of answering questions raised in workshop two of the Workshop Guide, it is necessary to understand the application of administrative law in Australia (Hocking & Guy, 2010). The AAL gives a work frame of the powers exercised by law agencies in Australia regarding the constitutional rights of the public (Hocking & Guy, 2010). Currently, Australia has a well-established Ombudsman system. It also promotes freedom of information to its citizens. Legislation governs the freedom of access to information by all people and their constitutional rights exist. The formation of legislations came as a way of grounds review brought about by western development (Hocking & Guy, 2010). In further understanding of the principles of administrative law in Australia, events experienced in the factual scenario in workshop two are vital. In this case, the complainant is Miss Lister. It is stated in the beginning that Miss Lister is not an Australian by birth, but she is of Samkan nationality. She was using her Visa while visiting Australia (Hocking & Guy, 2010). ...
The migration act states that upon reception of Australian Visa, the government must offer the applicant protection assuring him or her of security inside the country (Hocking & Guy, 2010). In case the applicant has fears of possible persecution in his or her country of origin on grounds of race, nationality or any other social and political stand, the country should offer protection. It is due to these articles in Australian law that Lister was using in her petition (Hocking & Guy, 2010). Miss Lister defends herself by claiming that if she happens to go back to her country, she would face persecution due to her Gonstranian ethnic background (Hocking & Guy, 2010). The case under which Miss Lister arguments lie was due to grounds review that took place in Australia’s law. The minister for migration, however, rejected the application citing inadequate evidence. Miss Lister used the law review act in the Australian law guide to appeal against the decision (Hocking & Guy, 2010). Under section 32 of the law, Refugee Review Tribunal (RRT), a mandate to assist refugees, seeks justice after rejection of their applications. In respect to this provision in the law, RRT performed its duty and provided more material as evidence to support the complainant’s claims (Hocking & Guy, 2010). The evidence included documents from Samkan government and newspaper from media houses showing the extent of persecutions taking place in the country and the reasons. RRT has also powers to determine the case in favor of refugees after looking at the evidence available (Hocking & Guy, 2010). The RRT decision After looking at the evidence provided and the information from its tribunal, RRT exercised its duties to ...Download file to see next pagesRead More
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