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Clayton First semester 2007 (Day)
Topics include: 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 in relation to policies and procedures.
On completion of this unit 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.
Examination (2 hours writing time plus 30 minutes reading and noting time): 70%
Assignment (2000 words): 30%
Three hours of lectures per week
LAW1100 or LAW1101 and LAW1102 or LAW1104