{"title":"澳大利亚公民特殊居住要求下“科学家”一词的解读","authors":"O. Owoeye","doi":"10.1093/slr/hmaa016","DOIUrl":null,"url":null,"abstract":"\n The article examines the interpretation of the word ‘scientist’ under Instrument IMMI 13/056 made pursuant to section 22B(1) of the Citizenship Act. The article considers the literal interpretation of the word scientist and the objective of the Instrument. The article provides a critique of the cases that have gone to the Australian Administrative Appeals Tribunal and argues that the interpretation favoured by the Tribunal is misconceived. The article contends that the Tribunal seems to be giving undue support to an arbitrary or haphazardly serendipitous exercise of ministerial power under the special residence framework in a manner that runs afoul of the tenour of section 22B(1) of the Citizenship Act.","PeriodicalId":43737,"journal":{"name":"Statute Law Review","volume":" ","pages":""},"PeriodicalIF":0.3000,"publicationDate":"2020-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1093/slr/hmaa016","citationCount":"0","resultStr":"{\"title\":\"Appraising the Interpretation of the Word ‘Scientist’ under the Special Residence Requirements for Australian Citizenship\",\"authors\":\"O. Owoeye\",\"doi\":\"10.1093/slr/hmaa016\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\n The article examines the interpretation of the word ‘scientist’ under Instrument IMMI 13/056 made pursuant to section 22B(1) of the Citizenship Act. The article considers the literal interpretation of the word scientist and the objective of the Instrument. The article provides a critique of the cases that have gone to the Australian Administrative Appeals Tribunal and argues that the interpretation favoured by the Tribunal is misconceived. The article contends that the Tribunal seems to be giving undue support to an arbitrary or haphazardly serendipitous exercise of ministerial power under the special residence framework in a manner that runs afoul of the tenour of section 22B(1) of the Citizenship Act.\",\"PeriodicalId\":43737,\"journal\":{\"name\":\"Statute Law Review\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.3000,\"publicationDate\":\"2020-09-09\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1093/slr/hmaa016\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Statute Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/slr/hmaa016\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Statute Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/slr/hmaa016","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"LAW","Score":null,"Total":0}
Appraising the Interpretation of the Word ‘Scientist’ under the Special Residence Requirements for Australian Citizenship
The article examines the interpretation of the word ‘scientist’ under Instrument IMMI 13/056 made pursuant to section 22B(1) of the Citizenship Act. The article considers the literal interpretation of the word scientist and the objective of the Instrument. The article provides a critique of the cases that have gone to the Australian Administrative Appeals Tribunal and argues that the interpretation favoured by the Tribunal is misconceived. The article contends that the Tribunal seems to be giving undue support to an arbitrary or haphazardly serendipitous exercise of ministerial power under the special residence framework in a manner that runs afoul of the tenour of section 22B(1) of the Citizenship Act.
期刊介绍:
The principal objectives of the Review are to provide a vehicle for the consideration of the legislative process, the use of legislation as an instrument of public policy and of the drafting and interpretation of legislation. The Review, which was first established in 1980, is the only journal of its kind within the Commonwealth. It is of particular value to lawyers in both private practice and in public service, and to academics, both lawyers and political scientists, who write and teach within the field of legislation.