Handbook 1996 : Faculty of Law (Volume 3 page 224)
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Optional Law subject.
Availability: Not offered in 1996.
Prerequisite: Constitutional and Administrative Law.
Contact: 2 hours per week
Attendance at one session of the Victorian Immigration Advice and Rights Centre and one hearing at the Immigration Review Tribunal.
Objectives:
Students completing this subject should be able to: analyse the legal framework regulating entry to Australia; determine its coherence; fairness, and effectiveness; develop skills of statutory interpretation through examining the Migration Act and Regulations and relevant court decisions; discuss policy issues, including the access of non-citizens and illegal entrants to administrative review, the significance of citizenship, Australia's responsibility to refugees and the impact of culture differences; to give migration clients accurate practical advice on the law, and be aware of appropriate legal remedies; examine the relationship between Immigration Law and other areas of Law such as Administrative Law and Human Rights Law.
Content:
The course begins with an outline of the issues affecting Immigration law; state sovereignty, the history of Australian immigration policy and an introduction of the relevant concepts such as permanent residence, change of status, refugees etc. An analysis of the Constitutional power of the Commonwealth to legislate in the area is then covered. The basic structure of the Migration Act is reviewed prior to 1989 and post 1989 and an analysis of the validity of the regulations is undertaken. The different categories of visas and entry permits such as permanent residency and temporary residency will be examined and the grounds for change of status will be reviewed. An examination of the position of refugees is then covered looking at the International Convention and the Australian decisions. The areas of deportation and compliance will then be examined. The ability for merits review and the avenues of judicial review will then be examined and students will hear about running an immigration case in the Federal Court. The next topic will be citizenship and multiculturalism and how those notions are related to immigration.
Assessment:
Research Assignment 3000-4,500 words (50 per cent) and Report on practical experience 1,000 words (20 per cent) and Final Exam 11/2 hours (30 per cent).
Prescribed texts:
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Handbook 1996 : Faculty of Law (Volume 3 page 224)
Status: Official 1996 Date created: Oct 9 1995 Last modified: Oct 9 1995 Authorised by: Academic Registrar Email enquiries: Course_Information@registrar.unimelb.edu.au
Maintained by: Faculty of Law.
Copyright © University of Melbourne 1995,1996.