This course teaches students the detail of Australian immigration law. The emphasis is on acquiring the knowledge as to how migration law works in practice. 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 and detailed attention is given to the main categories of permanent visas and temporary visas (student and visitor visas). With regard to permanent visas the course treats business visas, partner and other family visas as well as skilled based visas which invoke a points test. Refugee visas are a topic of interest, as is the system of bridging visas. 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?

None

3,000 word essay (50%)
1 exam (50%)

Refer to Course Outline provided by lecturer.