6 points, SCA Band 3, 0.125 EFTSL
Undergraduate - Unit
Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.
Not offered in 2017
Topics include: the constitutional underpinning and legal framework governing citizenship and immigration in Australia; the development of current policies in an historical, social, cultural, international and economic context; the change in legislative policy under the Migration Act 1958 (Cth) from discretionary to codified decision-making; the legislative and administrative scheme for migration visa decisions including merits and judicial review; the notion of citizenship under the Citizenship Act and the consequences of lack of citizenship in relation to detention, removal and deportation; the role/effect of multiculturalism in relation to policies and procedures.
On completion of this unit students should be able to:
- analyse the legal framework regulating entry to Australia to determine its coherence, fairness, and effectiveness
- develop skills of statutory interpretation through examining the Migration Act and Regulations and relevant court decisions
- discuss policy issues, including the access of non-citizens and unlawful non-citizens to administrative review, the significance of citizenship, and the impact of cultural differences
- give migration clients accurate practical advice on the law, and to be aware of appropriate legal remedies
- examine the relationship between Migration Law and other areas of Law such as Administrative Law, and Constitutional law
- further develop legal research, writing and legal argument skills by undertaking systematic research, including empirical research and the application of theory, into issues relating to citizenship and migration law
- further develop skills of oral presentation and argumentation in an interactive class context
- further develop skills of observation through a placement scheme.
Examination (2 hours writing time plus 30 minutes reading and noting time): 70% + Assignment (2000 words): 30%
Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.
See also Unit timetable information
LAW3100/LAW3101 or LAW3200 or LAW3200/LAW3201