A Mexican Farmer Worker in USA Essay -- Immigration Immigrant Essays P

A Mexican Farmer Worker in USA The first immigrant I interviewed will be referred to as â€Å"Jess†. Jess is from Guanajuato which is in southern Mexico. Jess, his five brothers and sisters, and his parents were farmers. They grew corn as their main crop. Jess’s family lived in a three-bedroom brick house in Mexico. Their house surprisingly had water and electricity. He only made 100 pesos a day ($10.00 U.S.). According to Jess, this was not enough money to get by on his own. He said that the average person in Mexico needs at least 150 pesos per day to live on their own and someone raising a family needs much more than this. This is why in 1985, at the age of 18, he came to Arizona to find a better job and to help his family. Jess paid the coyotes $150.00 to get him across the border, walking through the desert for 12 hours and riding in the back of a truck for the rest of the way. The coyotes that helped him were a very nice family and they were not threatening at all. He says that cro ssing the dessert was a scary experience and that he feared they would be burglarized, but claims that he made it across without running into trouble. It only took Jess two days after arriving in Phoenix to find a landscaping job. According to the statistics in Transnational Villagers, between 1996 and 1999, 60.3% of Non-Dominican Hispanics, like Jess, were employed in the U.S. and 45.3% of them worked full time. Jess did not require the help of job agencies to find work. Of course, he was undocumented at the time but this was not a problem in the landscaping business. With the money from this job, he was able to buy his first car which he paid $300 for. Landscaping paid $4.00 per hour which was minimum wage back then. He remain... ...ct each other. Its first objective was to reduce the number of undocumented immigrants. The second objective was to provide undocumented immigrants already working in the U.S. with a chance to become legal and obtain rights. The Act established employer sanctions against businesses that knowingly employed undocumented immigrants. It also provided those immigrants who had been living illegally in the U.S. since 1982 with a chance to obtain temporary resident status. The United States is slowly realizing how important these immigrants are to the U.S. economy. There service to the United States deserves the respect and gratitude of every U.S. citizen. Works Cited Chang, Grace. Disposable Domestics, South End Press: Cambridge, MA. 2000. Levitt, Peggy. The Transnational Villagers, University of California Press: Berkley, CA. 2001.

Belonging Essay

Belonging, in essence, refers to the notion associated with the connections individuals make with people, groups and places. Conversely, by belonging to a certain group or place others are indirectly excluded from belonging in the process. Belonging is a connection that we all, as humans, instinctively seek out; it forms part of our natural behavior. Through this process of belonging we ultimately conform and grow as a person, the outcome through which is our place in society is established. The Immigrant Chronicle† by Peter Skrzynecki illustrates how difficult finding a sense of belonging can be by raising the issues experienced when attempting to assimilate in a new cultural environment with all the associated physical, personal and social changes. Similarly, Jeffery Smart’s painting â€Å"The New School† and the short film ‘Mr Cheng’ explore how barriers can hinder our sense of acceptance and belonging. Though it is an innate need to belong it is not always achieved. This idea is accentuated throughout â€Å"In the Folk Museum† as the composer struggles to relate to a history and culture which is not his own. The visit highlights his inner conflict of not knowing where he belongs. He does not feel like a ‘true’ Australian who may look at such ‘relics’ and see cultural significance to them and understand their historical value. Rather he views them in a detached sense â€Å"To remind of a past/ Which isn’t mine†. The poet uses a faceless caretaker as a representative of Australia’s past. She sits next to a â€Å"winnowing machine† an agricultural machine that separates grain from chaff, creating a metaphor for separating the ‘true’ Australians from new migrants. The poet illustrates the caretaker as dull and uninviting, matching her hair colour with the grey clay bottle that is in the museum; causing them to appear be made from the same entity adding to the composers discomfort and estrangement. The composer emphasises his lack of belonging by describing the colour of the museum as well as its â€Å"cold as water† touch showing the disconnection and isolation the composer experiences. The poem reinforces this idea, when the composer is asked to sign the visitor’s books emphasising that he is only a viewer of the Australian history rather than a part of it. Likewise â€Å"St Patrick’s College† also portrays the need to belong; however, it reveals that belonging does not always come naturally despite his mothers attempt to find a way to connect through uniform and the schools reputation. The poet explores this attempt to belong in the third stanza by the stress of â€Å"eight years† passing by and yet he is still â€Å"Like a foreign tourist, Uncertain of my destination, Every time I got off. † The poet reinforces this idea again by the repetition of time in the start of the fourth stanza, establishing that no matter how long, he is still not able to belong. Despite the use of uniform, it is evident that it is only a facade, used in order to create an illusion of belonging. It is not the uniform that binds students together, but rather a unique connection shared with individuals and place. (Link to question here and back to thesis). Jeffery Smart’s painting â€Å"The New School† establishes that although belonging is an innate need, it is not always achieved. Smart is described as a social commentator, a witness to the alienated city dweller or worker in a dehumanized landscape. Elements of his paintings are taken from real places but they are modified and generalised. The effect is that he creates universal scenes which could be renderings of any large modern city rather than being anchored in Australia or Europe. The concept of isolation is shown through the individual’s body language and placement of the hands as well as positioning in the painting. She is distant from the other students, as well as the school, showing she does not fit, emphasising her disconnection and lack of belonging. Jeffery Smart also creates a negative feel through the dark colour of the sky and the sadness the girl displays through her facial expression, showing the difficultly to belong and how the individual feels isolation as she has no connection with these people place or groups. Similarly â€Å"In the Folk Museum†, the composer feels alienated not being able to relate to the Australian culture and history. The poem initiates feelings of isolation and disconnection as the poet questions himself and his place in society as he does not experience a link with the history viewed. Both â€Å"St Patrick’s college† and â€Å"The New School† relate to a place and a lack of belonging. Smart furthermore highlights the struggle to belong by the vectors in his painting. This is shown by the lines of the basketball court, fading as they progressively near the individual, emphasising the student’s estrangement from the school. In the same way Mr Cheng experiences a lack of belonging through the vectors employed by the director, as images of his family appear however they fade emphasising his uncertainty of where he belongs. The director revisits the idea of isolation, illustrated through the severed family connections that Mr Cheng has suffered. Mr Cheng’s alienation is echoed throughout the piece as the director emphasises his exclusion throughout the film through Mr Cheng’s portrayal as being secluded from society. This struggle is shown by the projections of his memories on a brick wall throughout the film, creating a metaphor, representing the wall as a barrier, showing that although he possesses these memories he is blocked from accessing his true identity. Peter Skrzynecki’s, ‘The Immigrant Chronicle’, allows one to see the difficulties the poet, as a second generation migrant; experiences, this being, the dichotomy of belonging to a culture which is not his own and the feeling of estrangement from his parents’ culture. This concept is also shown through Jeffery Smart’s painting ‘The New School’ as the individual struggles similar to that of Mr Cheng to relate to an environment which is unfamiliar.

How Is Life Treating You - 2616 Words

(Sitting comfortably in an upward position facing CL about four feet apart. Session takes placed at a cleaned and cleared environment with no source of distraction. CL is a 20 year-old Asian, male-college student (undeclared major), and a part-time restaurant server). DV: Hi Dustin, how are you (firm handshake, light smile head nod) D: I’m good, how are you (graceful smile) DV: I haven’t seen you about a year now, since at Richland College last year, how is life treating you? D: It’s been a roller costal-up and down but there is progression. DV: I am sorry to hear that and certainly I will hear all about it wouldn’t I? D: Yes you will, faint smile DV: Well, I want you to know that I really appreciate you taking your precious time doing this, and I know that you ugh understand this video may view by my colleagues for education purposes so I again, appreciate you giving permission. D: Head nodded a few times (agreeable smile) DV: Before we start out today, I would like to give you some ground rules in addition to the consent form you signed earlier. Certainly our conversion is confidential, but I thought it might be helpful to kind of brush up on those limitations with you-as a matter of fact, two limitations: D: Um hm head nodded a few times (agreeably) DV: The first discretion is the video will be viewed by other students as I have mentioned to you earlier, and another would be if I thought you’re danger to yourself or someone else then I would have to break thatShow MoreRelatedSomeone Treating You Poorly1020 Words   |  5 PagesHow to Determine Why Someone is Treating You Poorly Do you find yourself wondering, â€Å"Why are they treating me this way?† If someone (a stranger, a friend, or a family member) is treating your poorly, you probably want to know why. Figure out what’s going on by watching their behavior and getting advice from others. Then, have an open conversation with the person to see why they’re treating you poorly. Finally, learn healthy ways of setting boundaries with people who mistreat you. ==Steps== ===AssessingRead MoreThe Effects Of Chiropractic Field On Your Neck Well Sounds Like You Need A Chiropractor959 Words   |  4 PagesAre having low back pain problems or having trouble moving your neck well sounds like you need a chiropractor. The chiropractic field is very successful and can help you with any mechanical disorders in the musculoskeletal system. What is a chiropractor? They are well trained men and women who work on your diagnosis and treatment. A chiropractor is devoted to fixing any problems that his or her patients might have.chiropractic is a hands on experience that is to find the pinch on the nervousRead MoreMy Opinion on Medical Issues1102 Words   |  4 PagesAlthough, this does not go against the physician’s Hippocratic Oath because it states that they must care for matters of life and death, but it is within the power to a take a life with responsibility and awareness. However, it does state that physicians should not play God; again, this Oath is contradictory because how can you help end a life without playing God. Yet, how can you help end pain and suffering without any medical means? According to the code of ethics, the physician would be doingRead MorePsychological Paradigm Shift : The Beauty Of The Old And Need For The New898 Words   |  4 Pagesaiding the patient with bringing a conscious reality to a psychological reality that is unique to the patient. This paper will give a brief descripti on of what the environment looks like at a Jungian conference, according to the author. What to do when you reach an impasse and recognizing that a paradigm shift is beneficial for treatment. This article in part references a Jungian conference attended by the author and his wife who happens to be psychologists. According to Simon (2016), a great dealRead MoreThe Legalization Of Gay Marriage1269 Words   |  6 Pagescommunity. Hopefully the continued growth of support and acceptance makes it easier for gay patients to feel comfortable with themselves so that they do not feel that they need to hide anything about themselves. How do you think this film clip will assist you in approaching and treating your patient in a holistic man-ner: I think one of the first steps to realizing one’s sexual orientation is making the realization internally and as a physician it will be important to support the patient. It isRead MoreBenefits Of Getting A Higher Education1613 Words   |  7 Pagesgetting a higher education may not be just about getting a better job, that will help us pay for nice cars, homes, and trips. Somehow, it is also learning how to choose better ways of thinking about the world in which graduates are about to enter and contribute to. In Wallace s commencement speech, he talks about why people think the way they do and how they react and treat other accordingly, even with extended education. Whether it be our parents, natural selection, social media sources, or educationalRead MoreThe Morally Praiseworthy Actions of Medical Professionals who Provide Care for Enemy Combatants1290 Words   |  6 Pagesit morally right or morally wrong for them to be involved in these sorts of practices? I believe that medical professionals who are involved in overseeing and treating tortured enemy combatants are morally praiseworthy. Medical professionals are praiseworthy because its undoubtedly correct for a medical professional to help preserve the life of tortured. Furthermore, medical professionals are praiseworthy because their job description demands that they assist injured people. Lastly, I emphasize thatRead MoreTheir Eyes Were Watching God By Zora Neale Hurston1497 Words   |  6 Pageswere thought to be inferior to men and considered to be the property of them, they had no voice. Realistic gender issues are shown through the main character, Janie’s and her struggling love life. Janie has to face many limitations as a result of being a black women in the 1930s. In order for Janie to have the life she wants to have, she has to face the obstacles of gender inequality. Hurston portrays typical gender boundaries by using Janie as a victim and showing what she went through. HurstonRead MoreUnit 203 Principles of Diversity, Equality and Inclusion in Adult Social Care827 Words   |  4 Pages background, culture, personality, race, disability, gender, religion, belief, sexual orientation and age. It means recognising and understanding individual’s differences and embracing them, to allow people feel more valued. * Equality means treating people in a way that is appropriate for their needs. For example, an individual not able to mobilise efficiently but has been told they can’t use the lift they have to use the stairs like everyone else. This is not a great way to cater to the individualsRead MoreThe Narrative Of The Life Of Frederick Douglass, An American Slave862 Words   |  4 PagesNarrative of the Life of Frederick Douglass, an American Slave, written by himself, we have learned through his experiences that he disputes the ideas of slavery. Douglass provides evidence on how he and thousands of other black slaves were dehumanized by their slave holders. He was whipped, starved, and uneducated. Since you can be less human; can you be more human? If so, is the oppressor or the oppressed responsible for being less human? Throughout Douglass’s book he explains how he was dehumanized

Christians Views On Christianity - 942 Words

Christianity is one of the three largest religious in the world and Christians always believe that Juses is the Son of God. â€Å"In the beginning God created the heavens and the earth. Now the earth was formless and empty, darkness was over the surface of the deep, and the Spirit of God was hovering over the waters.† (Genesis 1-3) Christians always believe that the God created the people, and developed the whole people’s life. Christians’ belief is that they need to believe the word of God and these worlds are the foundation of the Christians. Christian practices are divided by denomination, however, the basic elements include private and corporate prayer, studying and reading of the Scriptures, a Sunday worship service and participation in rites such as baptism and communion. Christian worship services basically include singing, prayer and a sermon. A large number of churches have a special ceremony for ordination. Most Christians practice pray at home and also read the Bible. Many Christian will have baptism, when they was an infant or grew up an adult. They need to participate communion in regular time. The morality in Christian said that they need to focus on the relationship between the people and the God, and Christians need to have love. Christianity also emphasizes the confession, repentance, forgiveness, humility and so on. Therefore, â€Å"God created mankind in his own image, in the image of God he created them, male and female he created them.† (Genesis 1-3) Teachings isShow MoreRelatedThe Quakers As Simple People, Good Christians, By The Religious Views Of Christianity885 Words   |  4 PagesEquiano sees the Quakers as simple people, good Christians, who have supported minorities, and who have been fundamental in what he calls,  "breaking the yoke of slavery.† Not only was a Quaker the one who allowed him to purchase his liberty, but Quakers were the leaders of society in favor of abolition. 18) Do you think Equiano’s mind was â€Å"colonized† by the religious views of Christianity? (719-21) For Equiano, Christianity becomes a cornerstone to his identity as a free man. In his work heRead More Saint Augustine Essay1445 Words   |  6 Pagesorthodox Christian doctrine during the early Christian Church. Augustine was born in Northern Africa in AD 354. His father was a pagan and his mother a Christian. Though his parents were not extremely well to do, they had enough money to allow Augustine to obtain an education in the liberal arts. This education will eventually affect how he sees Christianity, especially concerning the use of neo-Platonic ideas in Christian theology. Augustine converted to orthodox Christianity late in lifeRead More Comparing Islam and Christianity Essay735 Words   |  3 Pagesand Christianity Although they share several basic theological ideas, Christianity and Islam differ on countless key characteristics. The most prominent differences include atonement, the identity of God, heaven, view of Jesus, and the perception of the Christian Bible. It is these not-so-subtle contrasts of thoughts that separate the two most prevalent religions in the world. One of the most important differences in Christianity and Islam is the concept of atonement. In Christianity, Jesus’Read MoreThe World s Largest Religion1291 Words   |  6 Pages Final Exam Essay Christianity is the world’s largest religion (Stark, R. 2012. 494). Currently with around two billion followers worldwide who are focused on Jesus Christ. He lived in the â€Å"Holy Land† known as Israel, two-thousand years ago. Christianity outstandingly has a great reach on the world; Christmas is celebrated as the birth of Jesus Christ which has become a government holiday in the United States. Christianity having such a large number of followers is the only religion in the worldRead MoreEffect Of Change During The Post Independence Period1624 Words   |  7 Pagesserved as a hindrance to the involvement of Christians (Safo-Kantanka 1993, 53). Christianity in Ghana When European missionaries arrived on the Gold Coast (now Ghana), they deemed certain indigenous practices unholy and contradictory to Christian teachings. Christianity also affected the institution of chieftaincy in that Christians resisted cocoa farmers, traders and educated men who wanted to share their power with the traditional rulers because Christians opposed the institution of chieftaincy andRead MoreDifferences Between Judaism and Christianity Essays623 Words   |  3 PagesJudaism and Christianity Out of all the major world religions Judaism and Christianity have the closest relationship. There are many difference and many similarities within these religions mainly because Christianity grew out of Judaism. Many people including Jesus and the twelve disciples were Jews (religionfacts.) The main differences are how each religion views Jesus and God, heaven and hell, and the notion of sin. The biggest difference between Judaism and Christianity is their view on God andRead MoreChristianity And The Roman Era845 Words   |  4 PagesChristianity is something that has stirred up a lot of controversy through the ages. During the Roman era, people like Emperor Trajan and Pliny, a Roman governor, did not appreciate Christianity since Christians did not follow the Roman religion. On the other side, Origen defends Christianity by debunking Celsus’s view of it. While Trajan and Pliny found fault in Christianity, Origen saw the potential religion that would allow humans to become better people. During early Christianity, Roman officialsRead MoreThe Rise Of Christianity By Don Nardo1737 Words   |  7 Pagesthe Nicene Creed unified the beliefs of Christianity? The investigation will attempt to answer this question as best as possible. The focused time period will be from 313 AD to 325 AD. This is because practicing Christianity was made legal in Rome in 313 AD and the Nicene Creed was created and made the official statement of Christian beliefs in 325 AD. Also the investigation will focus mainly on events taken place in Rome. Unity, or lack thereof, in Christianity, events before and after the creationRead MoreDefinition Essay : My Worldview1619 Words   |  7 Pagesframework from which we view reality and make sense of life and the world. Worldview is basic on ideology, philosophy, theology, movement, or religion that provides an overreaching approach to understanding God, the world and man’s relations to God and the world. My worldview I’m a Christianity. According to James N Anderson 2014 What’s your worldview? â€Å"Christianity is the largest religion in the world today, Claiming around one-third of the world population. Christians consider to be not merelyRead More The Next Christendom: The Coming of Global Christianity Essay1217 Words   |  5 Pagesnbsp;nbsp;nbsp;nbsp;nbsp;Christianity is becoming extinct. In order for it to continue on it must modernize its beliefs. The average Christian is white, middle class and is from Europe or America. The religion of Islam is expanding quickly and will soon dominate Christianity. These are all common claims made about Christianity that many people believe, yet Philip Jenkins claims and proves them untrue in his book, The Next Christendom: The Coming of Global Christianity. According to his book, Christianity is moving

Smoking in Public Buildings Should Be Banned - 1194 Words

Smoking in Public Buildings Should be Banned Is it true that secondhand smoke can have almost the same health effects as smoking a cigarette? Is it true that some countries have banned smoking in public buildings already? Is it easy to guess how those bans turned out? The countries that banned smoking in public buildings are experiencing fewer health problems in their citizens and have had no negative economic effects due to the ban. Even though everyone should be able to do what they want, where they want if it is not hurting anyone, smoking should be banned in public buildings because it causes health and environmental problems. Smoking causes health problems for everyone around the world, not just people near smokers. Most people know that smoking can cause countless health problems; a group of scientists conducted a study showing the effects of secondhand smoke in nonsmokers. The scientists knew in 2004 that, on a worldwide scale, the health concerns created by exposure to tobacc o smoke for nonsmokers were not well known. They tested people and found the effects from worldwide exposure in children and adults, and these statistics have probably risen in the past ten years (Ãâ€"berg, Jaakkola, Woodward, Peruga, Prà ¼ss-Ustà ¼n). They found that â€Å"Worldwide, 40% of children, 33% of male non-smokers, and 35% of female non-smokers were exposed to second-hand smoke in 2004. This exposure was estimated to have caused 379,000 deaths from ischaemic heart disease,†- also known asShow MoreRelatedEssay on Why I Support Banning Smoking in Public Places567 Words   |  3 Pagescigarettes in any of their offices. Most governments have banned smoking in all public places. Based on personal experience, personality style and emotional concern, we find that some hold the notion that smoking in public places should be banned. Meanwhile, others want to be as free as possible and do as they please, as long as their actions do not violate the rights of others. From my point of view, it is more sensible to ban smoking in public places rather than allow second-hand smoke to continueRead MoreBans on Smoking in Public Areas1476 Words   |  6 Pagesyou get the number of people that die because of smoking each year! Smoking is the leading preventable cause of death in the U.S. Each year more than 480,000 people die because of smoking. This is just one of the many reasons why I believe that cigarette smoking should be banned in public areas. I will argue this point in three ways. First, I will argue that the health effects of smoking are so harmful that cigarettes should not be allowed in public areas. Next, I will argue that the negative effectsRead MoreShould Cigarette Smoking Be Banned?1137 Words   |  5 PagesBiology 101 Should Cigarette Smoking Be Banned? Should there be a ban on cigarette smoking in the United States? Since cigarettes were introduced to Americans, questions have been raised concerning the legality of smoking and if it should be allowed everyone, in public places, or not at all. Recently, with the increase knowledge in cost and healthcare, the controversy with cigarette smoking has significantly risen. Across the country, states have banned smoking in public areas and inside buildingsRead MoreEssay on Public Smoking Ban1091 Words   |  5 Pagessecondhand smoke (Report: Ban smoking in public places). The risk of inferior health caused by smoking in public establishments is truly intolerable. The banning of smoking in public places everywhere should be imposed because it would reduce the risk of health problems of non-smokers, it could reduce the number of smokers all together, and, therefore, reduce the amount of valuable money taxpayers spend on smoking related costs. Smoking in public places should be banned because it could reduce theRead MoreThe Negative Consequences Of Public Smoking1347 Words   |  6 PagesThe Negative Consequences of Public Smoking Smoking is known to be one of the most dangerous medicine and can come with some seriously negative to one’s lungs. Research studies have shown that second- hand smoking can be equally as bad. According to the 1964 Surgeon General’s Report, â€Å"2.5 million adults who were nonsmokers died because they breathed secondhand smoke† (Centers for Disease Control and Prevention). To those who own restaurants, oversee public places, and others in charge of entertainmentRead MorePersuasive Essay Smoking995 Words   |  4 Pagesdo it. Smoking is a force of habit, it is a choice a person makes either to participate or not but it becomes outrageously addictive. The person choosing to smoke may not realize that they are not just harming themselves but they are also harming the ones surrounded by them. It has a negative effect on the people around the smoker because when the nicotine gets in the air it becomes hard to breathe and it travels amongst people faster than they realize. Smoking should be banned in all public placesRead MoreThe Effects Of Smoking On Public Places1515 Words   |  7 Pagesthe minds of Americans today such as abortion, the use of handguns, and one of the most controversial topics, which is smoking in public places. The history of smoking can be dated to as early as 5000 BC and has been recorded in many different cultures across the world. According to the History Channel, â€Å"When Christopher Columbus arrived in 1492, he observed Native Americans smoking tobacco. They actually used it to insert their cigars into their nostrils to smoke. Columbus took tobacco back to EuropeRead MoreShould Smoking Be Banned?1326 Words   |  6 Pagesbreak. Even though people are well equipped with the knowledge of how unhealthy smoking can be and what can it causes to their hearts and lungs, they still choose to smoke. Nowadays smoking becomes a trend like a social media, and especially teenagers, are participating in this as well. Althou gh smoking makes you a person feel relaxed from the stress, it harms the body of the smokers in the long run. We have known that smoking can kill us from past 50-60 years, and according to the World Health OrganizationRead MoreIt is common knowledge now that smoking is bad, so we should not do it, right? Not necessarily,1400 Words   |  6 Pagesis common knowledge now that smoking is bad, so we should not do it, right? Not necessarily, there are many things that are bad for us but we still do them anyways such as eating fast food. Everyone knows anything that has been deep fried is horrible for your health but we still do it because we like it, and the same goes for smoking. Like other things, smoking can be acceptable in moderation. But some may question this because smoking not only hurts the one smoking, but others around them. ThereRead MoreTaking a Look at Smoking1682 Words   |  7 Pagesworldwide from smoking tobacco; in the United States about 480,000 people die per year (â€Å"General†). That is roughly 1,300 people a day losing their life to the most preventable cause of death in the world. The media will often cover the deaths of celebrities and individuals who die in unique accidents. However, they fail to mention the 1,300 smoking related deaths per day. Why arent these deaths announced when celebrity deaths are the headlines of the day? Teenagers who think smoking is a cool habit

Immigration Detention and Visa Cancellation †MyAssignmenthelp

Question: Discuss about the Immigration Detention and Visa Cancellation. Answer: Introduction The case study describes a scenario where a New Zealand citizen, John Smithers, is faced with possible visa cancellation based on character grounds as provided for under section 501 of the Migration Act 1958 (Cth)[1]. Generally, the Act 1958 provides that a non-citizens visa is subject to cancellation where they fail to satisfy the Minister for Immigration or their delegates that they have passed the character test described under the Act.[2] Ultimately, cancellation may result in detention and deportation of the visa holder in question; however, various factors must be considered prior to cancelling a visa.[3] The character test mentioned above considered criminal records and conduct that may pose a national threat; a visa holder with a substantial criminal record or who has been convicted of certain offences is likely to fail the character test and as such may be at risk of visa cancellation.[4] John Smithers, the visa holder in question, is a 24-year-old New Zealand Citizen who has been living and working in Australia for the past 10 years under a Special Category (Temporary) Sub-Class 444 visa together with his elderly parents. Over the past five years, while working at Toyota, Smithers appears to have fallen into bad company and has been faced with various convictions. He has been charged with drunken behaviour, driving without a license, assault, careless driving and most recently burglary with a dangerous weapon. His most recent charge led to a conviction of 3 months imprisonment and a three thousand dollar compensation penalty. John recently found out he would be becoming a father and this has triggered a sense of remorse; he has sort treatment and it is believed that he will be rehabilitated. However, his previous conduct has led to a review of his visa and as such he has been issued with a Notice of intention to Consider Cancellation (NOICC); the notice cites charact er grounds under s 501 (2) of the Act 1958. The following discourse aims to examine the prospects of success for cancellation with regard to the notice as well as any options available to John Smithers in the event that his visa is cancelled. An Evaluation of the Prospects of Success for the NOICC According to s 501 (2) of the Act 1958, the Minister may cancel a visa already granted to a person where they have reasonable justification to suspect the person has failed the character test set out under s 501 (6), or where the visa holder fails to satisfy the minister that they have passed the test; this provision implies that a visa holder has the right to respond or challenge the Ministers suspicions by providing proof that they pass the test within the reasonable time frame which is usually set out in the NOICC.[5] As such, although the ultimate decision lies with the Minister, communication with the visa holder is necessary to avail them an opportunity to defend their character.[6] As aforementioned, the Act 1958 sets out criteria for the character test which guide the Minister in determining the fate of the visa holder. The criteria set out under s 501 (6) (a) to (d) include: a substantial criminal record, conviction for immigration detention offences, association with persons or organisations suspected of engaging in criminal conduct, past and present criminal or general conduct and significant risk in particular types of future conduct.[7] Criminal conduct is determined by length or gravity of a sentence; that is, a person sentenced to death or life imprisonment, a sentence of 12months or more imprisonment, two or more imprisonment terms which culminate in a total of 12 or more months imprisonment and acquittal on ground of mental capacity which results in detention at a facility.[8] In Tewao v Minister for Immigration and Citizenship (2012)[9] Mr Tewao, a New Zealand citizen had been convicted of aggravated robbery and sentenced to three years and three months imprisonment. The prison length satisfied the 12-month criteria and as such created a substantial criminal record which created character grounds for visa cancellation. Mr Tewao attempted to challenge the decision but courts upheld that his conduct was of a serious nature and that there was a low-moderate risk that the conduct could be repeated. The nature and seriousness of the offence amounted to a national interest to cancel the visa.[10] In determining whether a visa holder is at risk of cancellation based on grounds of imprisonment sentences, it is important to note that aggregate sentences, time on remand, time serves as well as suspended sentences are considered.[11] Under section 501 (3A) time serves may be considered in determining the 12-month imprisonment condition; that includes a past sentence or an ongoing sentence. Further, where a visa holder has been convicted with multiple sentences which add up to 12 or more months of imprisonment then they may be at risk of visa cancellation under the discretionary provisions of s 501 (7) of the Act 1958. Additionally, suspended sentences are considered for the purposes of calculating the 12 months imprisonment condition as held in Meng Kok Te v Minister for Immigration and Ethnic Affairs [1999]. The Ministerial Direction No 65 provides further guidelines for consideration with regard to visa refusal and cancellation under the provisions of section 501 of the Act 1958. According to the direction, one of the considerations to make is the nature and seriousness of the conduct in question.[13] With regard to this, the Minister or decision maker considers the extent of violence involved, the nature of the crime such as sexual crimes, and the vulnerable group at risk or who were victim to the crime. Vulnerable groups include the elderly, minors and the disabled community members among others. Further, the decision maker considers whether there is a rising trend or increasing seriousness where the visa holder is a repeat offender. Statistics show some of the offences which have led to visa cancellations include assault, robbery, people smuggling and murder among other violent and non-violent offences.[14] The Minister or their delegate is tasked with providing certain supporting information as a matter of policy when a Notice of Intention to Consider Cancellation is issued under s 501 (2). According to the Procedures Advice Manual (PAM), the notice should include information that highlights which alleged activities or conduct raise suspicion under s 501(2). Where the ground relied upon is a substantial criminal record then the criminal history or official records highlighting the conviction should be referenced. This should include any further evidence or information at the departments disposal which has been relied on to prepare the notice. Further, the visa holder should be invited to comment or challenge the grounds outlined in the NOICC and the manner for response and jurisdiction for the same should be provided for with the notice.[15] Having considered the legal requirements and supporting information necessary for the success of a NOICC, the discourse proceeds to apply these findings to the case study in question. Firstly, in considering the establishment of a substantial criminal record, the length of time of imprisonment is a significant factor. John Smithers has been convicted twice, the first conviction carried a two-month sentence which was suspended, the second a three-month sentence which he was to serve. The three-month sentence does not meet the threshold set under the provisions of the Act 1958, however, as aforementioned, suspended convictions are considered for purposes of counting. The overall sentence totals to 5 months, this is still significantly below the set threshold of 12 months. However, courts also consider the seriousness of the offence and the risk of future offences. On his second offence, John Smithers was charged with assault, in his third offence, he was charged with burglary with a le thal weapon. According to statistics, these offences are common considerations for cancellation by the department. Further, his conduct illuminates a trend whereby he appears to be under peer pressure and alcohol influence when he commits offences. However, the seriousness of the offences appears to be escalating. Guided by the rationale in Tewao v Minister for Immigration and Citizenship [2012], these would be sufficient grounds for cancellation. However, the decision maker, guided by the Direction No 65, has to consider other factors such as the impact on family members as well as prospects of reform or rehabilitation. All in all, the final decision lies at the discretion of the Minister and as per the holding in Tewao v Minister for Immigration and Citizenship [2012], the cancellation has sufficient grounds for success. Options Available to the Visa Holder According to s 501 CA of the Act 1958, once a decision to cancel a visa is made, the Minister is required to give the non-citizen notice of the decision and invite them to seek revocation guided by the provisions of the Migration Regulations 1994 (Cth). Regulation 2.52 provides for the procedure for making representations to the minister citing reasons why the decision should be revoked. The representations must be made within 28 days after the original notice is given and should be in writing including relevant particulars with regard to the former visa holder. If no action is taken by the visa holder within the 28-day timeline, the right to request revocation of the decision to cancel is lost.[16] Additionally, where a section 501 cancellation is made by a delegate it is possible to appeal or apply for review at the Administration Appeals Tribunal,[17] however, decisions by Ministers can only be subjected to the aforementioned request for revocation.[18] Guided by the aforementioned provisions, where the decision for cancellation was made by a delegate, John Smithers has the right to apply for appeal at the Administrative Appeals Tribunal (AAT) and highlight reasons why the decision was contrary to the character test and other relevant considerations highlighted under the Direction No. 65. Where he is dissatisfied with the decision of the tribunal, further legal recourse can be sought in court as was the case in Tewao v Minister for Immigration and Citizenship [2012]. It is likely, if John Smithers opts to challenge the delegates decision, that the case would take longer than the current sentence, as such, it is important to note that he may be held in detention as his appeal is determined. However, where the decision to cancel the visa was issued by the Minister under the discretionary powers provided for in the Act 1958, John Smithers has the option of applying for revocation within 28 days of notice of the decision. This applicati on, as aforementioned, must be in writing and subject to the provisions of the Act 1958. Failure to apply for revocation within the stipulated timeframe would lead to loss of any recourse and as such John Smithers would likely be deported. Conclusion Generally, the case study in question explores the grounds and considerations for visa cancellation as well as options available to visa holders whose visas are cancelled under s 501 grounds. According to these provisions, the Minister reserves the right to cancel a visa where they have reasonable grounds to suspect that the visa holder has failed the character test. The test considers the conduct of the visa holder, particularly criminal conduct. Where the visa holder has been convicted or portrays conduct that places the community at risk, the Minster can cancel their visa. The criteria for cancellation include imprisonment for 12 months and more, violent or sexual offence crimes, association with criminal groups among others. As discussed above, the nature and seriousness of the offence or conduct and possibility for repeat offences are also significant in determining the character of the visa holder. The visa cancellation process is likely to succeed as John Smithers conduct has been previously violent, additionally, the degree of seriousness has been escalating with each offence and peer pressure and alcohol influence appear to play a major role in contributing to his conduct. In previous cases, these elements have led to cancellation and deportation of visa holders. However, Smithers convictions do not reach the 12-month threshold and as such he has ground to attempt to convince the Minister or the tribunal to reverse a cancellation decision. This can be done by making a request for revocation where the decision was made by the Minister or an application for appeal with the AAT where the decision was made by a delegate. Bibliography Administrative Appeals Tribunal, Fact Sheet- Expedited Review of Decisions under Section 501 Or 501CA of the Migration Act 1958 (2017) Administrative Appeals Tribunal https://www.aat.gov.au/AAT/media/AAT/Files/Fact%20Sheets/Fact-Sheet-for-Applicants-Expedited-review-of-s501-or-501CA-decisions.pdf Freckelton, Alan, Administrative Decision-Making in Australian Migration Law (ANU eText, 2015) Australian Human Rights Commission, Background paper: Human rights issues raised by visa refusal or cancellation under section 501 of the Migration Act (2013) Australian Human Rights Commission https://www.humanrights.gov.au/sites/default/files/document/publication/section_501_paper.pdf Australian Human Rights Commission, Background paper: Immigration detention and visa cancellation under section 501 of the Migration Act (March 2010) Refworld https://www.refworld.org/pdfid/4ec3a6052.pdf CCH Australia, Australian Master Human Resources Guide (8th ed, CCH Australia Ltd 2010) Neave, Colin AM, The Department of Immigration and Border Protection: The Administration of Section 501 of the Migration Act 1958 Report No 08 of 2016 (Commonwealth Ombudsman, 2016) Department of Immigration and Border Protection, Fact Sheet- The Character Requirement (2017) Australian Government https://www.border.gov.au/about/corporate/information/fact-sheets/79character Turner Coulson Immigration Lawyers, Character cancellation under section 501 (2017) Turner Coulson Immigration Lawyers https://tcilawyers.com.au/character-cancellation-under-section-501-2.html Victoria Legal Aid, Mandatory Visa Cancellations-Information for Lawyers (2017) Victoria Legal Aid

Tom Jones Finds Sophia free essay sample

This paper is an account of the amoral nature of the character Tom Jones in Henry Fieldings classic novel of the same name. This paper contrasts the selfless amoral actions and the motives thereof of Tom Jones with the other characters of Henry Fieldings classic novel Tom Jones, most notably with that of Blifil (Jones rival suitor). This paper looks at exactly why the amoral doings of Jones leads to his attainment of Sophia (Greek for wisdom), and why the moral doings of Blifil do not. This is all explained as a conflict between morality which serves to augment the self and that of amoral action which is desire driven and thus lessens the effect of self-awareness. This unconsciousness then, that Jones lives in is proved to be wisdom; this fact is then proved through references from William Blake, Carl Jung, and Fredreich Nietzsche. Virtue and happiness (wisdom) oppose one another. We will write a custom essay sample on Tom Jones Finds Sophia or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Fielding himself writes in the first chapter of book fifteen of Tom Jones, if by virtue is meant (as I almost think it ought) a certain relative quality, which is always busying itself without Doors, and seems as much interested in pursuing the good of others as its own; I cannot so easily agree that this is the surest way to human happiness (601; bk.15, ch.1). The fulfillment of desire then, leads to happiness and true wisdom; this wisdom being an unconscious realization of the universe at large; a wisdom that is Sophia.