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.

Main Topics

More information can be found on the Course Outline Website.