Here is the synopsis of our sample research paper on MIMA v Bhardwai: Australian Case Law. Have the paper e-mailed to you 24/7/365.
Essay / Research Paper Abstract
This 5 page paper outlines the case of the Minister for Immigration and Multicultural Affairs (MIMA) v Bhardwai (2002), HCA 11 (14 March 2002). This paper outlines the basic elements of this case. Bibliography lists 4 sources.
Page Count:
5 pages (~225 words per page)
File: MH11_MHBhardw.rtf
Buy This Term Paper »
Unformatted sample text from the term paper:
case of the Minister for Immigration and Multicultural Affairs (MIMA) v Bhardwai (2002), HCA 11 (14 March 2002), Kirby J stated: "The Parliament has decided that migration decisions represent
one field of the laws operations where there should be a high measure of clarity and certainty. The application to a decision of the Tribunal, formally made in accordance
with the Act, of a theory of nullification in a case such as the present, is inadmissible. It is incompatible with the provisions and contemplation of the Act whose
validity has not been challenged. It would be grossly inconvenient. It would also be destructive of good administration which I, at least, am prepared to assume was a
purpose of the Parliament in providing for decisions in the Act in the manner that it did. Certainly, it need not be embraced to cure irremediable injustice suffered by
the respondent. Other remedies, perfectly effective, exist in law, some even now, to cure any such injustice. I dissent from the interpretation of the Act that effectively makes the decisions
of the Tribunal, to which so many statutory consequences attach, provisional. (para 123). In response to this statement, two of the majority judges, Gaudron and Gunnow JJ,
stated: There is, in our view, no reason in principle why the general law should treat administrative decisions involving jurisdictional error a binding or having legal effect unless and
until set aside. A decision that involves jurisdictional error is a decision that lacks legal foundation and is properly regarded, in law, as no decision at all. Further,
there is a certain illogicality in the notion that, although a decision is set aside, the rights of the individual to whom the decision relates are or, perhaps, are deemed
...