LAW4166

Citizenship and migration law 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Associate Professor Susan Kneebone

Offered:
Not offered in 2005.

Synopsis: The constitutional underpinning and legal framework governing citizenship and immigration in Australia. The development of current policies in an historical, social, cultural, international and economic context. The change in legislative policy under the Migration Act 1958 (Cth) from discretionary to codified decision-making. The legislative and administrative scheme for migration visa decisions including merits and judicial review. The notion of citizenship under the Citizenship Act and the consequences of lack of citizenship in relation to detention, removal and deportation. The role/effect of multiculturalism is considered and evaluated in relation to policies and procedures.

Objectives: On completion of this subject students should be able to 1) analyse the legal framework regulating entry to Australia to determine its coherence, fairness, and effectiveness; 2) develop skills of statutory interpretation through examining the Migration Act and Regulations and relevant court decisions; 3) discuss policy issues, including the access of non-citizens and unlawful non-citizens to administrative review, the significance of citizenship, and the impact of cultural differences; 4) give migration clients accurate practical advice on the law, and to be aware of appropriate legal remedies; 5) examine the relationship between Migration Law and other areas of Law such as Administrative Law, and Constitutional law; 6) further develop legal research, writing and legal argument skills by undertaking systematic research, including empirical research and the application of theory, into issues relating to citizenship and migration law; 7) further develop skills of oral presentation and argumentation in an interactive class context; 8) further develop skills of observation through a placement scheme.

Assessment: Examination (2 hours writing time plus 30 minutes reading and noting time): 70% + Assignment (2000 words): 30%

Prerequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society

Corequisites: LAW3100/LAW3101 Administrative law OR LAW3200 OR LAW3200/LAW3201 Constitutional law