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Australian Immigration Law and Practice - JURD7372
Law Books

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 4
 
 
Enrolment Requirements:
 
 
Prerequisite: LAWS1001 and LAWS1011 and Corequisite: LAWS2311; Prerequisite: JURD7101 and JURD7111 and Corequisite: JURD7211
 
 
Excluded: LAWS3272
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course teaches is focused upon Australian immigration law. The emphasis is on acquiring the knowledge as to how migration law works in practice and evaluating the operation of the law. The course explains the structure of the Migration Act 1958 and the Migration Regulations 1994. The workings of the visa system and the different categories of entrants are outlined, as are the rules relating to citizenship. The general matters relevant to all visa classes (Schedules 3, 4 and 5 of the Migration Regulations) are discussed as well as specific visa categories. Refugee and humanitarian visas are a topic of interest. Compliance action against visa holders is examined, in particular the different ways in which visas can be cancelled. Particular attention is given to health criteria, deportation and the public interest criteria based on ‘character’. The system of merits review and judicial review of migration decisions is discussed. Some attention is given to the constitutional and international setting of migration law, in particular, the constitutional aspects of the mandatory detention system and the cases dealing with restrictions on review rights. The relationship between the migration rules and migration planning is a basic theme of the course as are the various ways of examining the efficiency of the migration rules. Attention is directed at other ways of evaluating our migration law – is it discriminatory, is it just, is it moral?


Recommended Prior Knowledge

None

Course Objectives

  • To develop your thinking of migration law as a complex body of rules that is informed by other areas of law but whose application is closely connected to government policy
  • To develop your skills in applying statues, regulations, policy and principles in an appropriate way
  • To encourage a critical approach when considering migration law and the institutions that devise it and apply it
  • To explore the relationship between migration law and personal and public morality

Main Topics

  • Immigration law/policy: its subject matter and evaluation
  • Migration Act and Regulations
  • Citizenship
  • The constitutional and international setting
  • Visa cancellations
  • Migration decision-making: merits review, judicial review
  • Skills based visas and the points test
  • Character

Assessment

Research Essay (4,500 words) 70%
Class Test 10%
Class Participation 20%

Course Texts

Prescribed

  • none.
  • Students will be expected to access the Migration Act 1958 and Migration Regulations 1994. These can be accessed through electronic databases.

Recommended
Refer to Course Outline provided by lecturer.

Resources

Refer to Course Outline provided by lecturer.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.