Migration Law

Subject 730-464 (2008)

Note: This is an archived Handbook entry from 2008. Search for this in the current handbook Search for this in the current handbook

Credit Points: 12.5
Dates & Locations:

This subject is not offered in 2008.

Time Commitment: Contact Hours: Two hours per week. Attendance at one session of the Refugee and Immigration Law Centre or one hearing at the Migration Review Tribunal
Total Time Commitment: Forty eight hours of class time. Forty eight hours reading in preparation for class. Four hours attending the Refugee Immigration law Centre or the hearing at the Migration Review Tribunal. Twelve hours preparing journal report. Twenty four hours (ie equivalent class time) preparing the essay. Total time: 136 hours.
Prerequisites: Legal Method and Reasoning; Principles of Public Law; Torts; Legal Theory; Constitutional Law; Administrative Law or in each case their equivalents.
Corequisites: None
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements:

For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.

It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support: http://services.unimelb.edu.au/disability


Information Not Available
Subject Overview:

Topics include an outline of the issues affecting immigration law; state sovereignty, the history of Australian immigration policy and an introduction to concepts such as permanent residence, change of status, refugees etc.; an analysis of the constitutional power of the Commonwealth to legislate in this area; a review of the basic structure of the Migration Act prior to 1989 and changes since; an examination of the different categories of visas and entry permits such as permanent residency and temporary residency, and of the grounds for change of status; the position of refugees with special reference to the International Convention and Australian decisions on refugee status; deportation and compliance; merits review and the avenues of judicial review; immigration in the Federal Court; and the relevance of notions of citizenship and multiculturalism to immigration.

Assessment: Reflective essay of 4000-4500 words, 50% (due end semester) and a journal report of 2500-3000 words, 50% (due mid-semester).
Prescribed Texts: Printed materials will be issued by the Faculty of Law.
Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills:

On completion of the subject, students should have developed the following generic skills:

  • the capacity for close reading and analysis of a range of sources
  • the capacity for critical and independent thought and reflection
  • the capacity to solve problems, including through the collection and evaluation of information
  • the capacity to communicate, both orally and in writing
  • the capacity to plan and manage time
  • intercultural sensitivity and understanding

In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:

  • case reading and analysis, including an ability to:
  • extract important features from judgments
  • econcile judgments
  • evaluate the development of legal principles
  • apply legal principles arising from case law to new situations
  • statutory reading, interpretation and analysis, including an ability to:
  • extract important features from statutes
  • evaluate the development of statutory rules
  • use, interpret and apply statutory provisions to new situations
  • legal analysis and problem-solving, including an ability to:
  • identify and analyse legal issues arising in new fact situations
  • demonstrate ways in which disputes can be resolved
  • fundamental legal research skills, including an ability to:
  • find case law
  • find statutes
  • find secondary sources
  • legal writing skills, including an ability to:
  • use case law as part of legal analysis
  • use statutes as part of legal analysis
  • use secondary sources as part of legal analysis
  • identify and summarise legal principles
  • evaluate the significance and implications of a decision and the issues to which it relates
  • use proper referencing and citation
  • provide advice on legal issues
  • oral communication skills, by participating in classroom problem solving and discussion
  • an ability to work in groups to solve problems and critically analyse legal materials in a classroom setting

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