The federal circuit court of Australia approved the Le V Minister for immigration on the twentieth day of October in the year two thousand and twenty. The Le V Minister for immigration is a border protection act that regulates the movement of citizens across all the entry points of Australia. The law at first was being practiced in an Asian country called Vietnam. Thus, the Le Minister for immigration and border protection of 2019 was heavily borrowed from the Vietnam one. It was then granted access by the parties on the ground for the grands of permanent residence of the immigrants . The permanent residence could help the immigrants from being refugees to become citizens of the Australian state. The citizens had to be cleared with several government institutions to prove that they had a clean record of unlawful activities like criminal records. The law provided the guidelines to the immigration department on the critical issues that people were required to get subjected to before they get the permanent residence. The process was to be chronological because the country considered the security of their country at first before taking any action.
The law in 2019 was amended, and the court had to make its stand on the adjustments. The immigration law was essential to the immigration offices and the citizens that had intended to migrate to the country in South Asia. The law had an index of subjects where it had an explanation to the various departments that the law will affect. It began with the instruction to the person practicing the legal skill of the law in Australia. Under this subject, the immigration law gave a stipulated procedure of the system of the law, especially the immigration law in the country. It also highlighted the change of immigration law over time and why it has been changing steadily for that duration of time. The section describes the admonitive law on how the government needed to use its administration abilities in controlling the free movement of people in and out of Australia. thus, it provided the legal reason and statutory interpretation of every clause that needed to be fully described or a clause that looked like an ambiguous in its interpretation.
Through the clear elaboration of the practitioner’s legal skills, the document brought a lot of clarity and light on the lawyer who was handling the most cases. They fully understood the role of government in the working of the immigration law. They also knew and understood their role full and how to protect their clients if there is any need. Thus, the impact of the law brought was positive because it brought out competent lawyers on the issues of immigration law. It gained an attraction to the public to the extent that there was public participation in the process of coming up with the laws that could help govern the immigration activities.
The implication of the Le V Minister for immigration and border protection
The le v minister for immigration and border protection came with several implications to the Australian nation. The federal court of Australia ascertained that under the migration procedures that the judicial review process of an individual ministerial choice like cancellation of visa for a permanent resident basing on the resident’s character is protected under the migration act 1958 where the person applying is given a permanent residence in Australia. The minister can give the orders to the refugees or any person that meets the criterion of being given the permanent residence visa. Also, the minister is the final person to revoke any person’s visa, whether permanent or temporary residential visas on the ground of the person’s conduct in the country. Thus, the minister realized that it was not necessary to consider whether the nation had any prolonged non-refoulment responsibility to an applicant on the basis of the applicant’s refugee status, an essential consideration.
On the same note, the minister for immigration has the responsibility of considering visa cancellation on various grounds. The minister can consider canceling a visa when an immigrant who has acquired permanent residence does not comply with the rule of law of the federal republic of Australia. The visa cancellation would go against the non-refoulment responsibility of the government, meaning that consideration can arise from a prior determination from a person applying for refugee status, and it cannot depend on the applicant giving submission to the Australian minister in charge in that regard the decision is therefore quashed.
According to the immigration clause, the minister has several powers on the immigration statu s. According to the immigration act, there is nothing that is illogical or that is not rational about the minister’s reasons. According to the act, although it’s tough, the results of the minister’s decision were final, and they are comprehensive on the ground of the ministers’ reasons for the decisions the minister can make. However, the refugees or the immigrants have the rights according to the act, if they happen to be distressed by the decision of the minister, the disagreement and the distress can be given a chance to get equated with the jurisdiction error ground of illogically or on the ground of irrationality.
Another implication is that the minister’s reasoning should give a meticulous evaluation of the refugees’ circumstances that should prove the reasons for the acceptance or rejection of the stay. The minister should not only extend on the relationship of the refugees and the nation on the ground of them being registered Australian citizen, but they should also base on the way the individuals help in the economic growth of the nation . Thus, the minister’s report should be comprehensive before a rational decision is made to the action that is supposed to be followed on the refugees. Always the minister needs to make the best decision that favors the country, but he is supposed to countercheck the decision with the rule of law. It is the decision made that secures the residents of the federal state of the Australia .
In general, Le V Minister for immigration had a positive implication to the federal republic of Australia; it played an important role in the various department. It helped in regulating the influx of foreign citizens in the country. The act protected the country against any security threats from possible terrorists. Also, the act improved the control of the spreading of various diseases that are communicable. Therefore, the Importance of the Le V Minister for immigration cannot be counted because they served the federal republic well.
The Principles of Statutory Interpretation that Were Used by The Judges
The interpretation of statutory law in Australia is confined to the federal court of law. Within a duration of time, courts have evolved to a large and elaborate body of legislation rules that give guidance in the way they are supposed to get interpreted. Most of the statutory laws have been collected and are well defined in constitutions on the way they are required to get interpreted. The people who drafted the law gave the opportunity to elaborate the best way of interpreting the laws through various acts . The acts include interpretation acts, drafting acts, and judgemental acts. The need that objects these kinds of rules or principles as it was explained is to confirm that the true intent, the meaning, and the inner meaning of every statute. I statute is constructed in a way that its easier to work in legal places and the interpretation by the judges of the courts. The statute laws can be called only when there is a crucial omission or an order that is giving a clear direction because the laws are unattainable.
The following are the main principles of interpretation that were done by the Australian, the rule of the constitution that an act is a must to read the whole content of the constitution. Thus, the information about the law should be written in a way that the judges should read and understand easily . The clarity of the language plays a crucial role in understanding one section and linking it to another. Thus, the judges of the federal court of Australia used the measure to give their verdict based on the fact that they have understood the language used. Each flow required the judge to fully read the law as a whole. It enabled me to easily comprehend the laws and gave a wider range of understanding that was paramount for the judges in making a verdict.
The second principle of statute saw the judge applying for the order that for any given rule that any act can get interpreted by reference to other acts in dealing with the same or the alike subject matter. The real interpretation of the rule was hidden because of the meaning of the rule to a particular expression in a given act. Through the definition of Acts by a judge, they will have a keen interest in addressing the subject matter through a judicial decision. The languages that the judges used in their time did not show any kind of variation. The rules were interpreted through the use of referring them to different acts that have a similar subject matter that the judges were addressing.
The judge also used the principle when the overall rule that special provisions can give control to general provision. The principle explains how to section actions at some points can generalize everything that the case can be talking about. The judges used this principle because it provided enough information about a large scale of arguments by using a small sample of information. Under this case, the judges focused on minor specific things that were relevant in the information required for the general population. It was thus easier for the judges to arrive at a viable conclusion.