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Course

Australian Immigration Law and Practice - JURD7372

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 3

Enrolment Requirements:

Pre-requisites: Administrative Law (LAWS1160/JURD7160) and Federal Constitutional Law (LAWS2150/JURD7250).

Excluded: LAWS3272

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

Immigration law is a branch of administrative law. In studying immigration as an elective students have an opportunity to see how the principles of administrative law are applied within this particular area of law. Attention is given to the constitutional and international setting of immigration law, with a focus upon Australia’s mandatory detention system. Given the importance of legislation to this area of law the course also provides an opportunity to apply rules of statutory interpretation and to consider interactions between the governing Act and subordinate legislation.
This course teaches students about the operation of Australian immigration law. Emphasis is placed upon acquiring knowledge as to how immigration law works in practice through examining the structure and content of the Migration Act 1958 and the Migration Regulations 1994. This legislation is voluminous and critical to an understanding of Australian immigration law. This course teaches students how the Act and Regulations operate together to regulate entry and stay in Australia and then focuses upon some regulatory issues in detail.
The workings of the visa system and the different categories of entrants are outlined and general matters relevant to all visa classes (Schedules 3, 4 and 5 of the Migration Regulations) are considered. The visa process, family migration and refugee visas are a topic of interest. Particular attention is given to health criteria and the public interest criteria based on ‘character’. The system of merits review of migration decisions is discussed.
The relationship between immigration and Australian citizenship is considered as well as the rules relating to citizenship set out in the Australian Citizenship Act 2007.
The relationship between immigration law and Government policy is considered, both in terms of policy considerations underpinning legislative developments and policy considerations operating throughout the administration of the law. The course seeks to critically evaluate immigration law from varied standpoints, including whether it is efficient in achieving policy goals, the extent to which it complies with human rights norms and the rule of law.


Recommended Prior Knowledge

See Enrolment Requirements

Course Objectives

The aims of this course are as follows:
  • To develop your understanding of the content of Australian immigration law and its sources;
  • To develop your thinking of immigration 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;
  • To encourage a critical approach when considering immigration law and the institutions that devise it and apply it;
  • To consider the extent to which rule of law principles operate within Australian immigration law; and
  • To explore the relationship between immigration law and personal and public morality.
Students successfully completing this course will be able to:
  1. Anderstand the legal framework governing the regulation 1. of immigration in Australia and the relationship between immigration and citizenship;
  2. Analyse the legal principles operating within Australian immigration law;
  3. Comprehend the historical and social context of Australia’s current immigration laws and policies;
  4. Evaluate the operation of immigration law in terms of its consistency, efficiency and ethics;
  5. Deliberate immigration policy, including its impact upon the selection of migrants for Australia and the relationship between immigration law and policy;
  6. Understand immigration law as a branch of administrative law; and;
  7. Examine the impact of Australia’s immigration laws with respect to our international relationships, including our adherence to international human rights law and norms.

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
  • Family Migration
  • Character

Assessment

  • Class Participation- 10%
  • Exam: open book - 50% (2 hours plus ten minutes reading time)
  • Research Paper- 40%

Course Texts

Prescribed

Crock and Berg, Immigration, Refugees and Forced Migration, 2011 The Federation Press

Students will be expected to access the Migration Act 1958 and Migration Regulations 1994

Resources

Refer to the course outline which will be provided by the lecturer at the beginning of the relevant semester.
Law Books

Study Levels

Undergraduate Study Postgraudate Study Postgraduate Research Study Non-Award Study

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