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Immigration and Refugee Law

Unit code: LWB463
Contact hours: 2 per week
Credit points: 12
Information about fees and unit costs

Immigration and refugee law is currently a key area of law and policy in Australian society. If working in this area of the law it is important that you have an understanding of some of the underpinning theories and of how historical, political and socio-economic factors can impact on this area of the law. It is also important to have a working knowledge of the legislation and case law, including key administrative and constitutional law principles, and how to apply them to real world scenarios.

This unit is an elective in the law degree and forms part of the human rights elective group.


Availability
Semester Available
2013 Semester 2 Yes

Sample subject outline - Semester 2 2012

Note: Subject outlines often change before the semester begins. Below is a sample outline.

Rationale

Immigration and refugee law is currently a key area of law and policy in Australian society. If working in this area of the law it is important that you have an understanding of some of the underpinning theories and of how historical, political and socio-economic factors can impact on this area of the law. It is also important to have a working knowledge of the legislation and case law, including key administrative and constitutional law principles, and how to apply them to real world scenarios.

This area of the law is relevant if you are wishing to specialise in immigration and refugee law or if you are wishing to work as a migration agent. It can also be useful if you practise in any other area of the law as some of your clients can have immigration issues. This unit is an elective in the law degree and forms part of the human rights elective group.

Aims

This unit aims to give you a working knowledge of immigration and refugee law and an ability to apply this law to real world problems and give basic legal advice.

Objectives

At the completion of this unit you should be able to:
1. Analyse and critically evaluate Australian immigration and refugee laws, policy considerations and procedures;
2. Describe how some key principles of constitutional and administrative law apply in the immigration and refugee area of the law;
3. Appreciate how immigration and refugee law has developed in response to social, economic and political changes and how government policy and action interacts with the relevant legislation;
4. Apply your knowledge of Australian immigration and refugee law to real world problems;
5. Effectively communicate orally and writing in plain English (including in cross-cultural contexts), legal concepts and solutions to immigration and refugee law problems;
6. Further develop skills relevant to employment, professional practice and life-long learning, including skills in cultural awareness and sensitivity, ethical orientation and time management.

Graduate Capabilities
Skills

In this unit you further develop the following skills:


  • Critical thinking and legal analysis;

  • Problem solving;

  • Oral and written communication;

  • Ethical orientation;

  • Appreciate gender, culture and socio-economic differences;

  • Inclusive perspective and social justice orientation;

  • The ability to work independently and time management.



Graduate Capabilities
Your understanding of the unit content and the further development of these skills will assist you to acquire the following law graduate capabilities:
1. Discipline Knowledge;
2. Problem Solving, Reasoning and Research;
3. Effective Communication;
4. Life Long Learning;
5. Work Independently and Collaboratively;
6. Characteristics of Self-Reliance and Leadership.

Content

The content covered in this unit includes:

Culture, communication, conflict resolution and law
Theories of membership
Aliens and naturalisation
Admission - Key concepts and history
Visas - Working with the Migration Act and Regulations
The Application Process
Admission - Visas - The Interview and Written Advice
Refugee Case Studies
Admission - Non-Humanitarian Visas
Exclusion and Expulsion
Sojourn
Administrative and Judicial Review
Migration Agents - Ethics and Professional Practice

Approaches to Teaching and Learning

The teaching and learning approach in this unit involves an integrated program where you will prepare each week by working through the study guide and undertaking the prescribed readings. You will then build upon your understanding by engaging with the lectorials.

Lectorials
Two hour lectorials: weeks 1-12
There will be a two hour in-person lectorial session, starting in week 1, that will be delivered both in-person and by audio streaming and podcasting on the unit blackboard site. The lectorial will explain unit concepts and you will also learn how to apply relevant legal principles to real world immigration and refugee law scenarios.
Online Materials - Use of QUT Blackboard
A variety of online teaching and learning resources are made available via the Blackboard site for this unit.

External Attendance School
There is no external attendance school in this unit.

Assessment

Assessment in this unit is both summative and formative.Formative assessment is designed to provide you with feedback on your understanding of immigration and refugee law and the skills taught. In this unit you will receive formative feedback prior to the end of semester exam through:


  • The face-to-face lectorials [by preparing for lectorials and then participating in lectorial discussion (internal students) and reflecting on lectorial discussion (internals and external students)];

  • Feedback on your assessment items and generic feedback provided on the blackboard site;

  • The option of a private consultation with the lecturer during student consultation.


How does this link with unit objectives?
The formative assessment links with objectives 1-6.

Assessment name: Written Advice
Description: You will be required to provide a written advice(2000 word) on a real world immigration and refugee law scenario.
Relates to objectives: 1-6
Weight: 40%
Internal or external: Both
Group or individual: Individual
Due date: Week 6

Assessment name: Research Paper
Description: You will be required to research an issue of international refugee law and provide a written analysis(3500 word) of its implementation in Australian law and policy.
Relates to objectives: 1, 4 and 5
Weight: 60%
Internal or external: Both
Group or individual: Individual
Due date: Week 13

Academic Honesty

QUT is committed to maintaining high academic standards to protect the value of its qualifications. To assist you in assuring the academic integrity of your assessment you are encouraged to make use of the support materials and services available to help you consider and check your assessment items. Important information about the university's approach to academic integrity of assessment is on your unit Blackboard site.

A breach of academic integrity is regarded as Student Misconduct and can lead to the imposition of penalties.

Resource materials

Prescribed Materials
The Study Guide will provide links to online resources.
There is no prescribed textbook for this course due to the rapidly developing nature of this area of the law.

Recommended References
Online Materials
Further online materials may be available via links in the study guide, on the CMD (courses and materials database) or under 'useful websites' on the blackboard site under, 'Learning resources'.
The following resources are available online through the library catalogue:
Georgetown Immigration Law Journal
Journal of Refugee Studies
International Journal of Refugee Law
Westlaw (online via library databases)
The following judgements are available via Austlii ie.www.austlii.edu.au:
High Court
Federal Court (Federal Court and Full Court of the Federal Court)
Refugee Review Tribunal of Australia (RRTA)

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Risk assessment statement

There are no out of the ordinary risks associated with this unit.

Disclaimer - Offer of some units is subject to viability, and information in these Unit Outlines is subject to change prior to commencement of semester.

Last modified: 18-May-2012