730-388 Migration Law

Availability

Credit Points

Prerequisites

Torts and the Process of Law; History and Philosophy of Law; Constitutional and Administrative Law.

Semester

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Subject Description

An outline of the issues affecting Immigration law; state sovereignty, the history of Australian immigration policy and an introduction to concepts such as permanent residence, change of status, refugees etc. An analysis of the Constitutional power of the Commonwealth to legislate in this area. A review of the basic structure of the Migration Act prior to 1989 and post 1989 and an analysis of the validity of the regulations made under the Act. An examination of the different categories of visas and entry permits such as permanent residency and temporary residency, and of the grounds for change of status. The position of refugees with special reference to the International Convention and Australian decisions on refugee status. Deportation and compliance. Merits review and the avenues of judicial review. Immigration in the Federal Court. The relevance of notions of citizenship and multiculturalism to immigration.

Assessment

Reflective Essay 3000 - 4500 words (40%) and Journal Report 1000 words (20%) and Final Exam 1 1/2 hours (30%).

Prescribed Texts

Printed Materials will be issued.