730-437 Refugee Law

Principles of Public Law; Constitutional Law; Administrative Law or in each case their equivalent. Students will find it advantageous to have studied or be studying International Law.

This subject will introduce students to both international and domestic aspects of refugee law. The subject will begin with an historical introduction to international refugee law, before turning to consider the key international instruments for the protection of refugees including the Refugee Convention and Protocol (including the role of the UNHCR); regional instruments; customary international law; and international human rights treaties. The course concentrates primarily on the 1951 Convention, exploring the key controversies in interpreting the refugee definition and extent of international protection afforded to refugees. Examination of these issues will involve reference to comparative case-law, particularly from superior courts in other common law countries (including the US, Canada and the UK). This provides a framework for considering the implementation of the Refugee Convention in Australian domestic law. The course will examine constitutional power with respect to 'aliens' and the relevant provisions of the Commonwealth Migration Act 1958, focusing particularly on the procedures for decision-making in Australian refugee law, including merits review before the RRT and judicial review of administrative decisions. Specific topics in domestic law will include the detention of asylum seekers and the "Pacific solution". The course will conclude by considering proposals to reformulate the international refugee protection regime.

Research assignment 5000 words 100% (due end of semester). Attendance at 75% of classes and one class presentation is a hurdle requirement to pass this subject.

Printed materials will be issued by the Faculty of Law.