Note: This is an archived Handbook entry from 2014.
|Dates & Locations:|| |
This subject is not offered in 2014.
|Time Commitment:||Contact Hours: 36 hours. |
Total Time Commitment:
Study Period Commencement:
|Recommended Background Knowledge:||
LAWS50041 Public International Law is recommended but not compulsory. Students who have not completed Public International Law will be provided with some additional background reading at the beginning of the course.
|Non Allowed Subjects:||
Students who complete this subject may not enrol in the following MLM subjects:
Similarly, students who have previously taken these MLM subjects may not enrol in this subject.
|Core Participation Requirements:||
The Melbourne Law School welcomes applications from students with disabilities. It is University and Law School policy to take all reasonable steps to enable the participation of students with disabilities, and reasonable adjustments will be made to enhance a student’s participation in the School’s programs.
The inherent academic requirements for the study in the Melbourne Law School are:
Students must possess behavioural and social attributes that enable them to participate in a complex learning environment. Students are required to take responsibility for their own participation and learning. They also contribute to the learning of other students in collaborative learning environments, demonstrating interpersonal skills and an understanding of the needs of other students. Assessment may include the outcomes of tasks completed in collaboration with other students.
Students who feel their disability will prevent them from participating in tasks involving these inherent academic requirements are encouraged to contact the Disability Liaison Unit: http://www.services.unimelb.edu.au/disability/.
Melbourne Law School Student Centre
Tel: +61 3 8344 4475
This subject offers JD students the opportunity to undertake advanced and specialised study in an important contemporary subset of public law. Refugee law in Australia (as in most of the 147 states party to the Refugee Convention) is inspired and guided by international treaty obligations but anchored in domestic constitutional and administrative law. It is therefore an excellent example of the interdependence of domestic and international public law.
At the heart of the course is the constant tension between international and domestic public law, a tension that exists across the legal system as a whole but is particularly poignant in the context of human rights law. This theme is examined throughout the course as students are introduced to the way in which this struggle has manifested in Constitutional Law (both in the context of interpreting the Commonwealth's broad plenary powers over 'aliens' and 'immigration' and in understanding the limits on Commonwealth power) and Administrative Law (by examining the significant impact which refugee law has had on shaping and pushing the boundaries of administrative law principles). Another central theme is the tension between branches of government; in particular the courts on the one hand and the legislature and executive on the other.
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. This provides a framework for considering the implementation of the Refugee Convention in Australian domestic law. The course will also equip students to read, comprehend and contextualise comparative jurisprudence, because in examining the way in which Australian decision-makers have interpreted the definition of 'refugee', students will study high level case-law from across the common law world, as well as some key decisions from civil law jurisdictions.
Refugee law is taught in the format of a 3 hour seminar per week, designed to facilitate deep engagement with the material in the form of class discussion and interaction. In addition, several guest speakers will address the students in order to provide an understanding of recent developments and cutting edge issues in refugee law and practice in Australia and internationally.
A student who has successfully completed the subject should have a rich and integrated understanding of the domestic and international aspects of the governance of refugee law in Australia. In particular, students should:
The assessment for Refugee Law has three components:
|Prescribed Texts:|| |
Specialist printed materials will be made available from 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 and demonstrated their skills in the following areas:
This subject has a quota of 60 students.
Download PDF version.