...approach of the Law Lords to statutory interpretation has been radically changed by the Human Rights Act. Judges now see themselves as legislating human rights through their interpretation of Acts of Parliament.’ Student Number: 111244061 Candidate Number: 56307 In the English legal system, Statutory interpretation is seen as the way by which judges give meaning to the statutes by the parliament. Even though Judges have a wider choice of options in interpreting statues, the situation is now different after UK’s membership of the European Union (EU) through the European Communities Act (ECA) 1972 and after the incorporation of the European Convention on Human Rights (ECHR) by the Human Rights Act (HRA) 1998. Judges are now bound to interpret the statues in such a way that is compatible with the provisions of EU law according to Sec 2(4) of ECA 1972 and also should give effect to the spirit of the conventions as required in Sec 3 of HRA 1998. Convention jurisprudence now has an significant and straight role to play in statutory interpretation due to section 3 of HRA 1998. The Convention confers a huge number of fundamental rights, including the right to life, the right to liberty and security, and so on. The United Kingdom became a participant to the Convention many years ago but Parliament did not cope with domestic law until 1998, when the Human Rights Act was passed. So the Convention was not, prior to that Act, directly related to statutory interpretation. It could not...
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...Statutory declaration by a supporting witness relating to a partner visa application Form 888 Important – Please read this information carefully before completing this statutory declaration. Once you have completed this declaration we strongly advise that you keep a copy for your records. When assessing a Partner class visa application the Department of Immigration and Citizenship (the department) is required to consider the social aspects of the claimed relationship. Statements from persons who know you and your sponsor may be provided to support your claims. The department’s policy is that these statements be provided in the form of statutory declarations. This form is for this purpose. It is also the department’s policy that the person completing this statutory declaration form: • know both the Partner class visa applicant and their sponsor and the history of their relationship; • be aged 18 years or over; and • be an Australian citizen or Australian permanent resident. Evidence of the person’s Australian citizenship or Australian permanent resident status must be attached to this form (for example, a certified copy of the birth certificate, Australian passport or passport containing a permanent visa). Such evidence must show the current name of the person making the declaration. A person completing this declaration may be required to submit up to 3 separate declarations during the processing of the application to remain permanently in Australia. They may be contacted...
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...realized that they had to prioritise the protection of human rights in order to avoid history from repeating itself (again). More than 50 nations joined forces in forming an organization called the United Nations which drafted the Universal Declaration of Human Rights in 1948. This Declaration was the point of departure for the European Convention on Human Rights and Fundamental Freedoms (hereafter the ECHR) as its drafting was followed soon after by the newly formed Council of Europe in 1950. However, it was only ratified in 1953 under the enforcement of the European Court of Human Rights (ECtHR) in Strasbourg. Contents of the ECHR consists of main rights and freedoms in the form of articles, rules of operation...
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...Trades Recognition Australia Migration Skills Assessment Applicant Guidelines (March 2015) Table of Contents Section 1 Overview of TRA Migration Skills Assessment 5 1.1 Purpose of the TRA Migration Skills Assessment Guidelines 5 1.2 TRA Migration Skills Assessment Summary 6 1.3 Program objective 6 1.4 Relevant legislation 6 1.5 Program delivery 7 1.6 Fees payable for the TRA Migration Skills Assessment 7 1.7 Paying fees 8 1.8 Refunds 8 1.9 TRA roles and responsibilities 8 1.10 Applicant roles and responsibilities 9 1.11 Authorised representatives for Migration Skills Assessment applicants 9 1.12 Privacy 9 1.13 False or misleading information 12 1.14 Certification of documents and statutory declarations 12 1.15 TRA Migration Points Advice 14 Section 2 TRA Migration Skills Assessment requirements and processes 15 2.1 Overview of the TRA Migration Skills Assessment 15 2.2 Purpose of the TRA Migration Skills Assessment 15 2.3 Nominated occupation for the TRA Migration Skills Assessment 15 2.4 Eligibility for a TRA Migration Skills Assessment 16 2.5 The TRA Migration Skills Assessment process 16 2.6 Meeting the eligibility requirements: qualifications 19 2.7 Meeting the eligibility requirements: apprenticeships 22 2.8 Meeting the eligibility requirements: employment 23 Section 3 Contact details for Trades Recognition Australia 30 Section 4 Glossary 31 Section 5 Acronyms 34 * Document particulars TRIM ID | ED11/017630 | File...
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...is: • a partner (including spouse or de facto partner) of the student visa holder; or • a dependent child of the student visa holder, or of that partner, who is unmarried and has not turned 18. AusAID or Defence sponsored students should contact AusAID or the Department of Defence for procedures. It is not necessary for you to complete this form. • evidence of payment of the Overseas Student Health Cover premium in favour of each nominated family unit member. Where stated, original documents must be provided. Where copies of original documents are required, the copies must be certified copies. In Australia, a certified copy is one certified by a Justice of the Peace or a Commissioner for Declarations or a person before whom a statutory declaration may be made under the Statutory Declarations Act 1959. Charges Your dependant(s)’s completed student visa application form, together with the correct Visa Application Charge and this nomination, can be lodged at an Australian mission overseas. The Visa Application Charge is not refundable. Fees may be subject to adjustment at any time. Visa Application Charges may be subject to adjustment on 1 July each year. This may increase the cost of a visa. You can check...
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...UNIT 19: EXTERNAL BUSINESS ENVIRONMENT Get assignment help for this unit at assignmenthelpuk@yahoo.com LO1 Understand the impact of socio-economic change on the development of commercial organisations in a business and services industry context Structure and operation of UK economy: market structure; perfect/imperfect competition; oligopoly; duopoly and monopoly; national/local factors; determinants of free-market economy Government economic policy: aims and influence; effects on employment policy; inflation; balance of payments; economic growth in industry sector; current issues Income, wealth, employment and occupational distribution: structure and composition of business and services industry; patterns of demand for business and services; the socioeconomic framework of demand; labour demand in industry sector Demographic trends: geographical pattern of labour demand; nature of employment in business and services industries; employment profiles eg age, sex Social structures: types of people employed; geographical variations; self-employed; unemployed; labour turnover; levels of pay Industry context: contexts eg hospitality and catering, hairdressing and beauty therapy, sports and leisure, travel and tourism LO2 Understand the effect of legal and political environments on business and service industries Structure, operation and influence of local government: structure; areas of control; limits of authority; interface with national government; powers affecting business...
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...Samuel v Minister for Immigration & Multicultural Affairs [2000] FCA 854 (20 June ... Page 1 of 8 [Home] [Databases] [WorldLII] [Search] [Feedback] Federal Court of Australia You are here: AustLII >>Databases >>Federal Court of Australia >>2000 >>[2000] FCA 854 [Database Search] [Name Search] [Recent Decisions] [Noteup] [Download] [Context] [No Context] [Help] Samuel v Minister for Immigration Affairs [2000] FCA 854 (20 June 2000) Last Updated: 6 July 2000 FEDERAL COURT OF AUSTRALIA Samuel v Minister For Immigration [2000] FCA 854 & Multicultural & Multicultural Affairs MIGRATION - Application for protection visa - Review of decision of Refugee Review Tribunal - Effect of failure of applicant to complete prescribed visa application form - Tribunal decision set aside. Wu v Minister for Immigration and Ethnic Affairs (1996) 64 FCR 245 followed Minister for Immigration 435 referred to and Multicultural Affairs v A [1999] FCA 1679; (1999) 91 FCR Migration Act 1958, ss45, 46 and 47 Migration Regulations, reg 2.07 Acts Interpretation Act 1901, s25C MINTU RAHADA SAMUEL MULTICULTURAL AFFAIRS N11 of 2000 WILCOX J SYDNEY 20 JUNE 2000 IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N11 of 2000 BETWEEN: MINTU RAHADA SAMUEL v MINISTER FOR IMMIGRATION AND http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/FCA/2000/854.html?stem=0&... 27/06/2014 Samuel v Minister for Immigration & Multicultural Affairs [2000] FCA 854 (20 June ....
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...Is the Use of the Habeas Corpus Helping or Hurting the War on Terror Brandy Hudson POL201: American National Government Instructor: Spencer Walsh 08/04/2014 Habeas Corpus originated in English common law as a means to protect individuals from illegal detention. Modern day, habeas corpus is mainly used as a solution prior to conviction for state and federal prisoners who challenge the legality of the application of federal laws that were used in judicial proceedings that resulted in the detainment of the individual ( Kavarsky,2014). This essay will examine the evolution of habeas corpus in the United States, how it affects civil liberties, and its effects on the war on terror. The most famous habeas corpus case was that of slave Dred Scott, who attempted to sue for his freedom. Earlier another slave by the name of James Somersett ran away from his master while in England. He was later captured but supporters obtained a writ of habeas corpus that required his captors to produce Sommersett in court where he sued for his freedom. Almost a century later, Dred Scott petitioned the U.S Federal Courts for a writ of habeas corpus. It was granted and later upheld in a court of appeals in 1857, in one of the most controversial cases in American history. The Supreme Court ruled Scott Seven to Two. The court found that no slave or descendent of a slave could be an American citizen, and so Scott was not considered a “person” within the purview of the constitution. Therefore...
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...Diversity & Equality of services professional discussion Task one – Human Rights – United Nations Declaration of Human Rights On 10thDecember 1948, the United Nations Declaration of Human Rights were introduced, this Declaration include 30 rights and articles. These were introduced after world war two after lives and homes lost by millions, leaders of the world came together an a new organisation was set up it was named the United Nations, this was set up to stop wars and build a better world. The first job was to draw up Human Rights, these belong to everyone. They were developed to stop Atrocities against Jews, Prisoners of war and the population of Hiroshima and Nagasaki. (Atrocitiesis an extremely wicked or cruel act, usually causing physical or mental harm) The (UNDHR) will affect foreign nationals because if they come from a country which is part of the UN then they will have the same rights as anyone else in the UN. However if they are from a country outside of the UN then they will have the rights from their own country, religion and cultural backgrounds. The United Nations Declaration of Human Rights will only affect people who break the law such as entering the country illegally. This will affect them on a stop and search basis involving a strip search, this may affect their religious beliefs or their Human Rights which will be breached such as the freedom of choice or the freedom to live and work anywhere within the country. For example, Romanian and...
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...Yukon Nominee Program Application Handbook Overview The Yukon Nominee Program (YNP) is administered by the Yukon Government in partnership with Citizenship and Immigration Canada (CIC) under the ‘Agreement for Canada-Yukon Cooperation on Immigration’ The purpose of the Yukon Nominee Program is to help the Yukon Government respond to labour market needs in a sustainable way, while at the same time ensuring that job opportunities are safeguarded for Yukoners and Canadians. Please review the following guidelines to increase the chances of a successful application to the YNP. The Process The YNP is an economically based program that is employer driven in nature. Yukon employers who meet certain criteria may submit applications to the program to nominate qualified foreign nationals for employment and residence in Canada. If attempts to hire locally or nationally are unsuccessful and an employer is looking outside of Canada to fill labour shortages for permanent, full-time positions, the YNP is an option that is available to them. The YNP allows qualified foreign nationals the opportunity to work and settle in Yukon with the long-term goal of establishing themselves as permanent residents (PR) of Canada. Hiring a foreign national to come and work in Yukon can be a lengthy process. Processing time for the YNP is eight to ten weeks upon receipt of a complete application. Once an application has been approved the foreign national must apply to Citizenship and Immigration Canada (CIC) for...
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...The purpose of this research is to examine the events and issues surrounding the Boston Tea Party. The intention of the research will be to set the overall order of issues that emerged and establish the political context in which the Tea Party would take place, and then to discuss the impact of the incident on the colonies, that would ultimately lead to the Revolutionary War. Understanding the importance of the Boston Tea Party cannot be obtained without an understanding of the issues and events that preceded it. The Party, which occurred in 1773, had its origins several years earlier, in the wake of the French and Indian War, which ended in 1763. In 1766, Parliament passed the Quartering Act, which provided for "billeting, provisioning and discipline of British forces, requiring colonial assemblies to provide barracks and supplies such as candles, fuel, vinegar, beer and salt for the regulars, costs of the Army in America at the 'dictate' of Parliament" (Tuchman 167). Further to this point, the Seven Years' War was over; why the need for such a large standing army in America? This first Quartering Act was, however, obeyed in general terms, and even partly rescinded as to enforcement (182), until other Parliamentary measures pointed up colonists' feeling of oppression. By 1767, the Stamp Act had been passed, and then revoked in the face of an American boycott of covered goods. In 1767, the Townshend Acts legalized import duties on "glass, lead, paints, paper, and tea...
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...challenge the legality of criminal convictions and sentence, though it is also used to challenge the legality of custody in other settings, including immigration, mental health, and military contexts. The availability of habeas relief was that the center of the struggle between Crown and Parliament in the 17th century, when parliament objected to lawless detentions from which no judicial remedies was forth coming. Infamous deprivations of liberty led to extensive criticism and protest, as English citizens were often held for significant periods without trial and without recourse. Ultimately, parliament prevailed with the enactment of the Habeas Corpus act of 1979, which specifically authorized habeas corpus required habeas relief under certain circumstances with substantial penalties for non compliance (Encyclopedia.com) The English protection of the writ of habeas corpus was quite influential during the framing period of the United States, with both states and federal government adopting statutory and constitution guarantees of the writ. The federal constitutional guarantee prohibiting the suspension of habeas corpus is one of only two federal constitutional provisions that explicitly refers to and protects a particular remedy The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion...
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...applying to migrate. If you are applying in Australia, you will be applying for permanent residence. In this form, the term ‘migrate’ covers both. Before completing this form, you should read the detailed requirements in booklet 1, Partner Migration, which is available from the department’s website www.immi.gov.au/allforms/ Further information on partner category migration is also available from www.immi.gov.au/migrants/ or you can contact the department’s enquiry line (see information box on page 5). Life in Australia – Australian values The Australian Government encourages people to gain an understanding of Australia, its people and their way of life, before applying for a visa to live in Australia. This includes understanding that the English language, as the national language, is an important unifying element of Australian society. Australian society is also united through the following shared values: • respect for the freedom and dignity of the individual; • freedom of religion; • commitment to the rule of law; • Parliamentary democracy; • equality of men and women; • a spirit of egalitarianism that...
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...Analytical Note SC/TDP/AN/TF/2 June 2013 Original: English HOW FAR DOES THE TRADE FACILITATION NEGOTIATION TEXT (REV.16) GO BEYOND THE WCO REVISED KYOTO CONVENTION (RKC)? SYNOPSIS This Note assesses the extent to which the Trade Facilitation negotiation text (Rev.16) goes beyond the WCO Revised Kyoto Convention (RKC). The backdrop to this Note is the erroneous view that the TF Agreement only differs slightly from the WCO RKC. This assessment finds that The RKC has a much more limited Membership than the WTO. Seventy-odd WTO Members are not Contracting Party to the RKC. In Africa, only 6 have accepted all the provisions of the Convention. Around half of the articles of the TF negotiation text introduce a new legally binding obligation where no related provisions exist in the RKC. Examples are Interval between Publication and Entry into Force, Opportunity to Comment on New and Amended Rules, Advance Rulings, Disciplines on Fees and Charges Imposed on or in Connection with Importation and Exportation, Post-clearance Audit, Establishment and Publication of Average Release Times, Prohibition of Consular Transaction Requirement and Preshipment Inspections. For another half of the TF provisions there are indeed related provisions in the RKC but the TF Agreement introduces a stronger, broader and/or a more legally binding commitment. June 2013 Geneva, Switzerland This Analytical Note is produced by the Trade for Development Programme (TDP) of the South Centre to contribute...
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...companies is the Companies Act 1965. Section 14(1) of the Companies Act 1965 states that company are incorporated under the law which begins with the two or more people association as they use their names to become the subscriber in memorandum and all requirement of the registration are complied. Hence, then the company is formed, then it’s called “incorporated”. After being issued with a certificate of incorporation, a company has a legal status separate from the members. In law, the company is treated as a person. Whatever happen in the company, the members of the company should not receive any impact as it was distinguished from company. Wrong done to the company may be vindicated by the company. The most important decision ever made by the English courts in relation to separate legal entity was adopted in the case of Salomon v Salomon[1897] and also accepted in Malaysian company law. In this case, Salomon was sole proprietor who runs the business of a boot merchant by himself. He later converted his business into limited...
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