27

No international body has jurisdiction Australia is a sovereign nation which means it has sole jurisdiction over its immigration policy. So, short answer: no international body has jurisdiction. Who does have jurisdiction? As it seems that the decision made is that the points you have been assessed by the Department of Immigration and Border Protection (DIBP)...


8

You don't. The only proper venue to raise the concern you do would be an Australian court or administrative agency process. Each country is the judge of its own immigration policies. There are no international courts which would have jurisdiction over the dispute you describe.


7

WWII Supreme Court Cases During WWII, the Supreme Court dealt with three main issues in their cases on Executive Order 9066: curfews, exclusions, and internment of persons with Japanese ancestry. In the lesser-known Kiyoshi Hirabayashi v. United States case, the court had to determine whether imposing a curfew on those of Japanese descent was valid. The main ...


6

Expungement rules and effects vary greatly by state. Good reading on the question can be had here, with notable exceptions to expungement here. Of particular relevance to this question: In some states, individuals who want to work as public school teachers, corrections guards, or police officers should expect that their employers will have access to ...


5

Neither law has precedence - manufacturers have to obey both. The FD&C says that they don't need to list ingredients which are trade secrets; the CFR says they must. If they list the trade secrets they do not break either law. If they don't, they break the CFR. Conclusion: they must list the trade secret ingredients. If the FD&C said it was ...


4

Edith Windsor paid $363053 in taxes that she thought she did not owe. She later challenged the constitutionality of the law that prevented its refund. United States v. Windsor, 570 U.S. ___ (2013) Abigail Fisher paid a $100 application fee to the University of Texas. She sued to get it back, challenging the constitutionality of the university's race-...


4

The primary source of law is the various laws passed by Congress known as the FD&C Act and which is codified in the relevant part at 21 USC 352(e)(1)(A)(iii), which says the established name of each inactive ingredient listed in alphabetical order on the outside container of the retail package and, if determined to be appropriate by the Secretary, ...


3

An employer is likely to advise an employee to not communicate with an individual, if the employee has no legal obligation to communicate with the individual, and the employer believe that there is a risk of the individual suing the employer.


3

The literal translation of nulidad de pleno derecho is "null act of full right" or more ideomatically "fully null" but the phrase of equivalent meaning in English language legal terminology is void ab initio, literally "invalid from the beginning". This is an act that, because it was particularly seriously defective, should not ...


3

Does posting a letter create any 'legal' agreement between myself and the postal service? Is there any obligation to deliver a letter? Assuming that an agreement is formed, at what point in the process? When the letter entered a post-box, when it was picked up from the postbox, or later - perhaps when a post-mark is added by the postal service? ...


3

Taking California as an example, California Labor Code section 6314 (a) provides: To make an investigation or inspection, the chief of the division and all qualified divisional inspectors and investigators authorized by him or her shall, upon presenting appropriate credentials to the employer, have free access to any place of employment to investigate and ...


3

Verbatim, despite sounding like verbal, only means that it is an exact account of what was said during the proceedings. Thus appending electronic to it means that this exact record is available in some electronic form, like as a Word or PDF document - however they store it electronically. So it is simply stating you can get the verbatim record in either ...


2

All of them; it could be freely used by the organisation as evidence in court. The information on an organisation's Google Apps account belongs to the organisation: not the user.


2

Your interpretation is creating an ambiguity when none exists. Your specific question is about 32 CFR 47.4 not applying to the National Guard; however, you hone in on a single phrase while ignoring literally everything else about the regulation. So, there are additional things you look at: The purpose of the part. This part has a nice "Purpose" section at ...


2

Your example is from 2.4(b)(1) of the style manual for "Commission and Agency Documents and Materials". The New York Public Employment Relations Board is a state level version of the National Labor Relations Board (NLRB) that governs private sector management-union relations nationwide, for public employees in New York State. These boards have both ...


2

ANSWER: NO. THE US PRESIDENT CANNOT EXERCISE POWER VI TWITTER IT APPEARS THAT IT MUST BE PUBLISHED IN THE FEDERAL REGISTER TO BE OPERATIVE "The ability to make such orders is also based on express or implied Acts of Congress that delegate to the president some degree of discretionary power (delegated legislation)." Referencing Contrubis, below. https://en....


2

Systems like this risk crossing over into legal advice In almost all jurisdictions only lawyers can do this. If you keep your system as a simple automation of a paper process you should be fine but the minute it “translates the law texts into concrete instructions” you are giving legal advice. You can reproduce the law but only a lawyer can explain what it ...


2

The clause "assuming all of the above is permitted by statute" introduces an invalid assumption. "Permitted by the statute" is (a) a question of legal interpretation and (b) only a part of the "due process" question. In US law, "due process" means "follows the law". One source of law is the constitution (...


1

So, from a legal perspective, would faculty be prohibited or advised against communicating with a student if that student brought some type of allegation against them such as triggering their anxiety? I've seen this sort of thing play out before, not in an academic situation admittedly (it was a workplace) but the initial allegations were of a similar ...


1

Competent evidence is admissible under the relevant rules of evidence for the tribunal. Material evidence bears directly on a point that is in contention before the tribunal. Substantial evidence is compelling in deciding the point.


1

The "Muslim Ban" wasn't a ban on specific nations that were problematic for vetting documents for immigration purposes. The initial list had seven nations that just happened to all be Muslim Majority nations, though there have been nations that have been added which are not (North Korea being on the list) and the initial placements on the list were ...


1

Does nulidad de pleno derecho cause effects ex tunc? Not necessarily. The ex tunc effects pursuant to a ruling that something is null and void ab origine depend on the nature of the underlying case. STC 54/2002, de 27 de febrero, is one instance where Spain's Constitutional Court struck a statutory provision as null and void but denied ex tunc effects. The ...


1

If you send a letter, you're entering into a contract with the respective postal operator. I'm not sure when the contract is entered into (it could be when you buy postage), but the contract should be deemed to be concluded at latest when the letter enters is dropped into the collection box. The relationship between a customer and a postal operator is ...


1

The Open Government Act of 2007 should trump the Rules of Civil Procedure. But, from a practical perspective, even if you are right, it would take high stakes indeed to make it economic to litigate a one day dispute in the event that the agency incorrectly calculates the deadline. The remedy for failing to comply with FOIA is ordinarily to bring a lawsuit ...


1

International agreements provide that most countries (foreign) will enforce other countries' civil judgements (domestic) unless the domestic law is repugnant to the foreign law. A U.K. court would probably enforce the Thai judgement providing it was satisfied that Thai due process had been followed and that the process was not repugnant to U.K. law.


1

Colorado has what is called a "gift ban" which is a prohibition against giving anything of value to any state or local public official as a gift, whether or not there is any attempt to influence the official in his official capacity (subject to certain exceptions, for example, for family members giving normal family gifts). The threshold for a gift to ...


1

Many states prohibit revealing the identity of a minor in a proceeding, and you indicate that you would also do so. Otherwise, they are public records and there is generally no prohibition on disclosing them.


1

Yes, it could, and folks around the new Trump administration are just barely more than a week after the election citing the internment camps as precedent in support of actions against Muslims in the United States. Supreme Court justices may be even be appointed and confirmed in advance of any challenge to a modern version of such an order, so they're on the ...


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