Injustices to Native Americans Essay - 767 Words

In 1886 during a speech in New York future President Teddy Roosevelt said; â€Å"I dont go so far as to think that the only good Indians are dead Indians, but I believe nine out of every ten are, and I shouldnt like to inquire too closely into the case of the tenth.† Though this was over 250 years after Jamestown and almost four decades after the Trail of Tears Teddy Roosevelt’s attitude toward Native Americans in the late 19th Century seems to have changed little from many of those men and women who first colonized America. After hundreds of years of violence, discrimination and forced assimilation the Native American culture remains endangered and continues to suffer from higher rates of poverty and social distress than any other minority†¦show more content†¦For example, in the 1690’s Jesuit priests introduced the Virgin Mary to a group of Indians where they emphasized the already existing notion of chastity, therefore assimilating Christianity with an already present concept. Other non-forcible means of spreading Christianity also existed. Puritan minister, John Eliot, translated the Bible into the local Indian language to gain converts. In these regards, the spread of Christianity fundamentally dismantled the inherent culture of Native Americans. Europeans implemented their military might when conquering Native Americans. The European technology of weaponry included guns and cannons that were far more advanced than the typical bow and arrow and tomahawks used by Indians. Over the years, colonists used weapons along with other tactics to intimidate natives into conversion or ceding land. With the lack of advanced armament, along with modest numbers, natives were unable to defend themselves from impeding colonial attacks. The invaders were infamously renowned as â€Å"mechanical, soulless creatures that wielded diabolically ingenious tools and weapons to accomplish mad ends.† Whether by means of seizures or mon etary acquisition, colonists procured the lands of Native Americans, which furthered their demise. With the European arrival at Jamestown, colonists simply established a settlement on Indian land without giving them any consideration. Over time, as colonists’ populationShow MoreRelatedEssay on Injustices I Suffered as a Native American559 Words   |  3 Pageshouses burn, and this caused a lot of smoke. I see many feral American soldiers who have surrounded us and burned our houses. They want us away from our residence, but we can’t, because this is the country where our ancestors lived for generations. I see this with my own eyes that they forcibly try to take our men and women. I also see that an American soldier killed many innocent people who refuse to leave their houses. 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Case Study Analysis On Jurisdictional Error â€Myassignmenthelp.Com

Question: Discuss About The Case Study Analysis On Jurisdictional Error? Answer: Introduction Jurisdictional error can be described as a mistake of jurisdictional fact, that is, where a jurisdictional fact is determined erroneously then this may result in a jurisdictional error. This was the position held in SZMDS v Minister for Immigration and Citizenship[1] where the Court relied on illogicality or irrationality as factors to determine jurisdictional error.[2] Jurisdictional error arises where a judicial officer acts in excess of jurisdiction, fails to perform a duty, acts in bad faith, identifies the wrong legal issue or relies on unreasonableness or illogicality, in fact-finding and analysis.[3] The case in question Singh v Minister for Immigration Anor [2017] FCCA 1901 is a migration case where the Tribunal determined that an applicant did not qualify for a student visa based on considerable gaps in the applicants studies, immigration history and course change among others. The Federal Circuit Court in its review determined that the Tribunals approach amounted to a juri sdictional error as relevant factors were not considered. The following discourse aims to analyse the concept of jurisdictional error by examining the criteria used in the determination of the Federal Circuit Court in the aforementioned case study. An Analysis of the Jurisdictional Error Determined by the Federal Circuit Court In its determination, the court relied on the provisions of s 499 of the Migration Act 1958(Cth) and the Ministerial Direction No 53 which provide a set of factors to be considered in arriving at a decision when faced with the issues arising from the case in question. The applicants argument in challenging the Tribunals decision was that it had failed to take into consideration relevant material in terms of evidence highlighting the applicants mental healthcare and reasons for changing courses. In Re Refugee Review Tribunal; Ex parte Aala [2000],[4] the court held that acting outside the limits or powers bestowed upon a decision maker amounted to a jurisdictional error. This description was reaffirmed and expanded in Kirk v Industrial Court NSW [2010],[5] where the court recognised failure to consider relevant factors a jurisdictional error.[6] In the case in question, the Federal Circuit Court recognised that the Tribunal had limited its consideration to factors that the Direction No 53 did not consider as issues for consideration and disregarded the provision by the Direction to allow for reasonable career or study path changes. Failure to consider relevant factors and evidence that would illuminate these factors as such, guided by the principles in Kirk v Industrial Court NSW [2010],[7] amounts to a jurisdictional error. The court in question found that failure to consider the relevant material mentioned above constituted a jurisdictional error. Another factor the court relied on was unreasonableness; ignoring evidence with regard to the applicants diagnosis and written statement providing reasons for the course change accounting to failure in completing the exercise of authority embarked on as a decision maker.[8] The Tribunal in its analysis found that the applicants studies illuminated considerable gaps; however, it evidently failed to consider that the applicant had been diagnosed with depression which he averred contributed to the gaps in question. Evidently, failure to assess this evidence led to an unreasonable finding which would have otherwise been mitigated had the Tribunal considered the factors as required by law and provided for in the Direction No 53. The Tribunals approach amounts to a failure to consider relevant information, a consideration of irrelevant factors as well as a failure to observe statutorily imposed procedures. Additionally, it illuminates a manifestation of unreasonableness with regard to the approach adopted. All these are characteristics of jurisdictional error as illustrated in Kirk v Industrial Court NSW [2010].[9] Evidently, it can, therefore, be adduced that the Tribunals decision constituted a jurisdictional error as it failed to adhere to the procedural guidelines prescribed by the Direction No 53 and also adopted an unreasonable approach to interpretation. Conclusion In conclusion, the discourse above describes jurisdictional error as where a decision maker adopts a position or approach that constitutes an error of a jurisdictional fact. As illustrated in the cases highlighted above, this errors can manifest in unreasonableness, failure to consider prescribed factors or the consideration of irrelevant factors. In Singh v Minister for Immigration Anor [2017] FCCA 1901, the Tribunals decision failed to consider the factors set by the Migration Act as well as the Ministerial Decision. It ignored relevant information by way of evidence of the applicants depressions and written statement and instead opted to restrict limit its consideration to irrelevant facts. Guided by the principles illustrated above, this approach without a doubt amounts to a jurisdictional error. References Alan Freckelton, Administrative Decision-Making in Australian Migration Law (ANU eText, 2015) Nicholas Aroney, Peter Gerangelos, Sarah Murray, James Stellios, The Constitution of the Commonwealth of Australia: History, Principle and Interpretation (Cambridge University Press, 2015) Victoria University, BLO5607(C) Visa Compliance, Cancellations and Review: Judicial Review Resource Book (Victoria University, 2017) Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802 Kirk v Industrial Court NSW [2010] HCA 1 Re Refugee Review Tribunal; Ex parte Aala [2000] Marketing; (2000) 204 CLR 82 Singh v Minister for Immigration Anor [2017] FCCA 1901 SZMDS v Minister for Immigration and Citizenship [2009] FCA 210 Migration Act 1958(Cth) Migration Regulations 1994 (Cth) Ministerial Direction No 53 Assessing the Genuine Temporary Entrant Criterion for Students (2011 [1] SZMDS v Minister for Immigration and Citizenship [2009] FCA 210 [2] Alan Freckelton, Administrative Decision-Making in Australian Business Law (ANU eText, 2015) 191-92 [3] Nicholas Aroney, Peter Gerangelos, Sarah Murray, James Stellios, The Constitution of the Commonwealth of Australia: History, Principle and Interpretation ( Cambridge University Press, 2015) 532 [4] Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57; (2000) 204 CLR 82 [5] Kirk v Industrial Court NSW [2010] HCA 1 [6] Victoria University, BLO5607(C) Visa Compliance, Cancellations and Review: Judicial Review Resource Book (Victoria University, 2017) 9 [7] Kirk v Industrial Court NSW [2010] HCA 1 [8] Singh v Minister for Immigration Anor [2017] FCCA 1901; See Htun v Minister for Immigration and Multicultural Affairs [2001] FCA 1802 [9] Kirk v Industrial Court NSW [2010] HCA 1