730-464 Migration Law

Credit Points

12.5

Coordinator

Associate Professor K Rubenstein

Prerequisites

Legal Method and Reasoning; Principles of Public Law; Torts; Legal Theory; Constitutional Law; Administrative Law or in each case their equivalents.

Semester

Not Offered (view timetable)

Contact

Two hours per week. Attendance at one session of the Refugee and Immigration Law Centre or one hearing at the Migration Review Tribunal

Subject Description

Topics include 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 changes since; 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; and the relevance of notions of citizenship and multiculturalism to immigration.

Assessment

Reflective essay 4000-4500 words 50% (due end semester) and a journal report 2500-3000 words 50% (due mid semester).

Prescribed Texts

Printed materials will be issued by the Faculty of Law.



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