units

LAW4166

Faculty of Law

18 September 2017 22 December 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Faculty

Law

Offered

Not offered in 2016

Synopsis

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.

Outcomes

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.

Assessment

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

Workload requirements

Minimum total expected workload to achieve the learning outcomes for this unit is 144 hours per semester typically comprising a mixture of scheduled learning activities and independent study. The unit requires on average three/four hours of scheduled activities per week. Scheduled activities may include a combination of teacher directed learning, peer directed learning and online engagement.

See also Unit timetable information

Chief examiner(s)

Professor Susan Kneebone

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3100/LAW3101 or LAW3200 or LAW3200/LAW3201