Note: This is an archived Handbook entry from 2012.
|Dates & Locations:|| |
This subject is not offered in 2012.
|Time Commitment:||Contact Hours: 36 hours. |
Total Time Commitment:
Principles of Public Law; Constitutional Law; Administrative Law; or in each case their equivalent.
|Recommended Background Knowledge:|| |
Students will find it advantageous to have studied or be studying International Law.
|Non Allowed Subjects:|| |
|Core Participation Requirements:||
For the purposes of considering requests for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Students Experiencing Academic Disadvantage Policy, academic requirements for this subject are articulated in the Subject Description, Subject Objectives, Generic Skills, and Assessment Requirements of this entry.
The University is dedicated to providing support to those with special requirements. Further details on the disability support scheme can be found at the Disability Liaison Unit website: http://www.services.unimelb.edu.au/disability/.
Melbourne Law School Student Centre
Tel: +61 3 8344 4475
This subject will introduce students to both international and domestic aspects of refugee law. The subject will begin with an historical introduction to international refugee law, before turning to consider the key international instruments for the protection of refugees including the Refugee Convention and Protocol (including the role of the UNHCR); regional instruments; customary international law; and international human rights treaties. The course concentrates primarily on the 1951 Convention, exploring the key controversies in interpreting the refugee definition and extent of international protection afforded to refugees. Examination of these issues will involve reference to comparative case-law, particularly from superior courts in other common law countries (including the US, Canada and the UK). This provides a framework for considering the implementation of the Refugee Convention in Australian domestic law. The course will examine constitutional power with respect to 'aliens' and the relevant provisions of the Commonwealth Migration Act 1958, focusing particularly on the procedures for decision-making in Australian refugee law, including merits review before the RRT and judicial review of administrative decisions. Specific topics in domestic law will include the legality and ramifications of the excision of Australian territory from the migration zone and interception in the Asia-pacific region.
A student who has successfully completed the subject should:
|Prescribed Texts:|| |
Printed materials will be available from the Melbourne Law School.
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
On completion of Refugee Law, students should have developed the following generic skills:
The essay in this subject is regarded as a substantial piece of legal writing for honours purposes.
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