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Unit outline_

LAWS3515: Citizenship and Nationality Law

Semester 2a, 2023 [Normal day] - Camperdown/Darlington, Sydney

In Australia citizenship status has recently been central to decisions on whether indigenous Australians are vulnerable to deportation, expanded powers of citizenship deprivation, debate on Covid-19 restrictions on international mobility, and proposed changes to naturalization requirements. The legal status of citizenship combines what is often a strong emotive charge, stemming from its relationship to membership, allegiance and belonging, with a highly technical legal role in multiple fields of law. The course analyses the workings of citizenship status within diverse fields of law, both municipal (constitutional and administrative) and international (public and private). Study of the status also serves as a study of the interaction between these fields. We will study the history of Australian citizenship; membership under the Australian Constitution; international law relating to nationality; the interaction between national citizenship regimes; developments and proposals affecting rights integral to citizenship; and issues surrounding access to citizenship for long-term residents, among other topics. These issues will be, in part, explored through contemporary and historic case studies and controversies. The unit will analyse a wide range of sources, including writings in the history and sociology of law as well as judgments, court filings, and government and parliamentary reports. All the topics raise the vexed relationship between citizenship as a formal status ascribed by states, and its role in alternately enabling, registering, or denying, belonging.

Unit details and rules

Academic unit Law
Credit points 6
Prerequisites
? 
LAWS1021 and LAWS1023
Corequisites
? 
None
Prohibitions
? 
LAWS5215
Assumed knowledge
? 

None

Available to study abroad and exchange students

Yes

Teaching staff

Coordinator Rayner Thwaites, rayner.thwaites@sydney.edu.au
Type Description Weight Due Length
Participation hurdle task Class discussion leadership (on call)
Structured participation
10% Multiple weeks Ongoing/ within 1 or 2 rostered seminars
Outcomes assessed: LO1 LO5 LO4 LO3 LO2
Presentation hurdle task Class presentation
Oral presentation
15% Multiple weeks 1x rostered 15-20 min presentation
Outcomes assessed: LO1 LO7 LO5 LO4 LO3 LO2
Assignment hurdle task Research outline
Written task
0% Week 05
Due date: 01 Sep 2023 at 09:00

Closing date: 13 Oct 2023
300-500 words / 5 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Presentation hurdle task Research presentation
Seminar presentation
0% Week 08
Due date: 22 Sep 2023 at 09:00
Assigned by unit coordn to fit last day.
Outcomes assessed: LO6 LO5 LO4 LO3 LO2 LO1 LO7
Assignment hurdle task Research Essay
Research Essay
75% Week 13
Due date: 03 Nov 2023 at 12:00

Closing date: 22 Nov 2023
4000 words/13 weeks.
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
hurdle task = hurdle task ?

Assessment summary

  • Research essay – the primary item of assessment is a research essay of 4000 words, due in Friday of week 13 (Friday 3 November 2023 at 12 noon), and worth 75%. The essay will be based on a topic chosen by the student in consultation with the unit coordinator. As outlined below, submission of the essay will be preceded by two formal formative steps, namely submission of an essay plan in week 5 and student presentation of their research in week 8. The research essay, due in week 13, allows the student to focus on a topic of interest, and to develop independent research and analytic skills. The cover page and bibliography do not count towards the 4000 word limit, nor do references, though substantive content in the footnotes does.

    Research outline – Students will be required to submit an outline of a proposed topic for their research essay, accompanied by a preliminary literature review, in week 5, Friday 1 September 2023, (300-500 word abstract, 5-8 initial references). The submission of the research outline in week 5 enables feedback on the initial formulation of the essay question and the initial research in support.

    Research presentation – The final day of classes in the unit, in week 8 (Friday 22 September 2023), will be devoted to a workshop designed to generate peer and unit coordinator feedback. Each student will address their argument and research to date.

    Class presentation – Each student will be required, in one rostered seminar during weeks 1-5 or 7, to present on the required material or an aspect or aspects of that material to the class. Criteria for this assessment includes evidence of preparation, including knowledge and analysis of the relevant reading. The presentation is worth 15% of the final mark.

    Class discussion leadership (on call) – Each student will be rostered as on call in one or two seminars (in weeks 1-5 and 7; with each Friday having three seminars). For a seminar(s) for which they are rostered, a student must be  ready to answer questions and lead discussion on the required material. The on-call component is worth 10% of the final mark.

 Word count: A research essay which exceeds the prescribed word limit will attract a penalty of 2 marks of the total marks (75) allocated to that piece of assessment (2.7%) for every 100 words, or part thereof, over 4100 words.  The total word count for essay and other written assessments will exclude: bibliography; footnote numbers; footnote citation; cover page and include: body text; headings and sub-headings; quotations; anything other than numbers and citations in footnotes.

Use of editors or proof-readers: The use of assistance in preparing and editing assessment tasks in this unit of study is strictly prohibited. Assistance includes human and automated writing tools (not including spell checking).

Special consideration: 

Research essay: Extension of time.

Research outline and presentation: Extension of time (these are formative assessment to assist with research essay).

Structured participation (on call):  Subject to the following, students will be assessed on their contribution in the seminar(s) for which they are rostered as on call: (i) mutually agreed swaps may be arranged directly between students and advised to the coordinator in advance of the first seminar affected by the swap; (ii) if a student is unable to attend their rostered seminar(s) due to illness or misadventure, they must as a priority email the coordinator who will advise if rescheduling to a later class is viable; (iii) if rescheduling to a later class is not viable, students affected by illness or misadventure should apply for special consideration which, if granted, will be an alternative assessment, namely a personal presentation on some aspect of the teaching materials, by zoom or in person, on a date to be arranged in weeks 10-12.

Class presentation: Subject to the following, students will be assessed on their contribution in the seminar(s) for which they are rostered to present:(i) mutually agreed swaps may be arranged directly between students and advised to the coordinator in advance of the first seminar affected by the swap; (ii) if a student is unable to attend their rostered seminar(s) due to illness or misadventure, they must as a priority email the coordinator who will advise if rescheduling to a later class is viable; (iii) if rescheduling to a later class is not viable, students affected by illness or misadventure should apply for special consideration which, if granted, will be an alternative assessment, namely a personal presentation on some aspect of the teaching materials, by zoom or in person, on a date to be arranged in weeks 10-12.

Assessment requirements to pass a unit of study: A student must make a genuine attempt at all assessment tasks set out in this Unit of Study in order to obtain a Pass mark and grade (or above); otherwise an Absent Fail grade will be recorded as the student’s result for this Unit of Study. 

Assessment criteria

The University awards common result grades, set out in the Coursework Policy 2014 (Schedule 1).

As a general guide, a high distinction indicates work of an exceptional standard, a distinction a very high standard, a credit a good standard, and a pass an acceptable standard.

Result name

Mark range

Description

High distinction

85 - 100

  • Completely answers the question.
  • Contains striking originality of approach or analysis.
  • Demonstrates exhaustive or innovative research (where independent research required).
  • Exceptionally well written, structured and expressed.
  • Is otherwise exceptional in some way.

Distinction

75 - 84

  • Completely answers the question.
  • Achieves a critical and evaluative approach to the issues.
  • Content and structure is well organised in support of the argument.
  • Demonstrates extensive research and analysis to support a well-documented argument.
  • Generally well expressed and free from errors.
  • Has a clear structure and is well articulated.

Credit

65 - 74

  • Covers main issues fairly well in answering the question.
  • Contains no significant errors.
  • Demonstrates an attempted critical approach to the issues.
  • Demonstrates reasonably sound research and analysis in addressing the key issues.
  • Has a clear structure and reasonably clear expression.

Pass

50 - 64

  • Identifies the key issues, but does not follow through with a reasoned argument.
  • Contains some significant errors.
  • Displays satisfactory engagement with the key issues.
  • Offers a descriptive summary of material relevant to the question.
  • Superficial use of material, and may display a tendency to paraphrase.
  • Demonstrates little evidence of in-depth research or analysis.
  • Adequate expression.
  • Overall, demonstrates the minimum level of competence in the assessment and satisfies the requirements to proceed to higher-level studies in the degree or subject area.

Fail

0 - 49

  • Does not answer the question.
  • Contains significant or numerous errors.
  • Few or no identifiable arguments.
  • Content that is inappropriate or irrelevant.
  • Lack of research or analysis.
  • Difficult or impossible to understand through poor grammar, expression or structure.
  • Overall, does not demonstrate the minimum level of competence in the assessment.

 

For more information see guide to grades.

Late submission

In accordance with University policy, these penalties apply when written work is submitted after 11:59pm on the due date:

  • Deduction of 5% of the maximum mark for each calendar day after the due date.
  • After ten calendar days late, a mark of zero will be awarded.

This unit has an exception to the standard University policy or supplementary information has been provided by the unit coordinator. This information is displayed below:

The late submission of a research essay, which has not been granted an extension, will attract a penalty of 5% of the total marks available for the piece of assessment per calendar day or part thereof, with a grace period of 15 minutes on the due date.

Academic integrity

The Current Student website provides information on academic integrity and the resources available to all students. The University expects students and staff to act ethically and honestly and will treat all allegations of academic integrity breaches seriously.

We use similarity detection software to detect potential instances of plagiarism or other forms of academic integrity breach. If such matches indicate evidence of plagiarism or other forms of academic integrity breaches, your teacher is required to report your work for further investigation.

Use of generative artificial intelligence (AI) and automated writing tools

You may only use generative AI and automated writing tools in assessment tasks if you are permitted to by your unit coordinator. If you do use these tools, you must acknowledge this in your work, either in a footnote or an acknowledgement section. The assessment instructions or unit outline will give guidance of the types of tools that are permitted and how the tools should be used.

Your final submitted work must be your own, original work. You must acknowledge any use of generative AI tools that have been used in the assessment, and any material that forms part of your submission must be appropriately referenced. For guidance on how to acknowledge the use of AI, please refer to the AI in Education Canvas site.

The unapproved use of these tools or unacknowledged use will be considered a breach of the Academic Integrity Policy and penalties may apply.

Studiosity is permitted unless otherwise indicated by the unit coordinator. The use of this service must be acknowledged in your submission as detailed on the Learning Hub’s Canvas page.

Outside assessment tasks, generative AI tools may be used to support your learning. The AI in Education Canvas site contains a number of productive ways that students are using AI to improve their learning.

Simple extensions

If you encounter a problem submitting your work on time, you may be able to apply for an extension of five calendar days through a simple extension.  The application process will be different depending on the type of assessment and extensions cannot be granted for some assessment types like exams.

Special consideration

If exceptional circumstances mean you can’t complete an assessment, you need consideration for a longer period of time, or if you have essential commitments which impact your performance in an assessment, you may be eligible for special consideration or special arrangements.

Special consideration applications will not be affected by a simple extension application.

Using AI responsibly

Co-created with students, AI in Education includes lots of helpful examples of how students use generative AI tools to support their learning. It explains how generative AI works, the different tools available and how to use them responsibly and productively.

WK Topic Learning activity Learning outcomes
Week 01 Overview of the nature and history of citizenship and nationality, in domestic and international law Seminar (6 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 02 The rights integral to citizenship status? And its relationship to constitutional membership. Seminar (6 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 03 The relationship between statutory citizenship and constitutional membership? including with respect to indigineity Seminar (6 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 04 Dual citizens, expats and proof of foreign citizenship. Seminar (6 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 05 Proof of foreign nationality, relations between states, and statuses related to citizenship. Seminar (6 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 07 Citizens in waiting? Pathways to citizenship and its relationship with belonging Seminar (6 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7
Week 08 Presentations of research-in-progress – student workshop Seminar (4 hr) LO1 LO2 LO3 LO4 LO5 LO6 LO7

Attendance and class requirements

  • Attendance: All students are required to attend 70% of classes (or as otherwise specified by the Unit Coordinator) to satisfy the pass requirements for each unit of study. Attendance requirements may be satisfied by in person attendance or online attendance as specified by the Unit Coordinator. Failure to meet this requirement may result in a student being precluded from sitting the final assessment. 
  • Referencing guide: The Sydney Law School expects you to use the most recent version of the Australian Guide to Legal Citation (4th edition, 2018) for your footnoting style, although you should confirm this with your lecturer, and a link to the website where this is set out comprehensively is available at About the Australian Guide to Legal Citation (AGLC).

Study commitment

Typically, there is a minimum expectation of 1.5-2 hours of student effort per week per credit point for units of study offered over a full semester. For a 6 credit point unit, this equates to roughly 120-150 hours of student effort in total.

Required readings

A Reader containing the required readings will be available on the Canvas site for the unit.

Learning outcomes are what students know, understand and are able to do on completion of a unit of study. They are aligned with the University's graduate qualities and are assessed as part of the curriculum.

At the completion of this unit, you should be able to:

  • LO1. Demonstrate an understanding of the principles of citizenship and nationality law through a detailed examination of selected topics.
  • LO2. Demonstrate a familiarity with the concepts and ‘language’ attending citizenship and nationality in the relevant fields of law: domestic administrative and constitutional law, and public and private international law
  • LO3. Demonstrate an understanding of the multiple functions of the legal status through analysis of different aspects of citizenship and nationality
  • LO4. Demonstrate understanding of the interaction between different fields of law, both domestic and international, through analysis of different aspects of citizenship and nationality
  • LO5. Analyse and contribute to normative debates about the divergent values and functions of citizenship.
  • LO6. Demonstrate the ability to research a chosen topic in citizenship and nationality law with rigour
  • LO7. Demonstrate the ability to make a disciplined argument on an issue in citizenship and nationality law

Graduate qualities

The graduate qualities are the qualities and skills that all University of Sydney graduates must demonstrate on successful completion of an award course. As a future Sydney graduate, the set of qualities have been designed to equip you for the contemporary world.

GQ1 Depth of disciplinary expertise

Deep disciplinary expertise is the ability to integrate and rigorously apply knowledge, understanding and skills of a recognised discipline defined by scholarly activity, as well as familiarity with evolving practice of the discipline.

GQ2 Critical thinking and problem solving

Critical thinking and problem solving are the questioning of ideas, evidence and assumptions in order to propose and evaluate hypotheses or alternative arguments before formulating a conclusion or a solution to an identified problem.

GQ3 Oral and written communication

Effective communication, in both oral and written form, is the clear exchange of meaning in a manner that is appropriate to audience and context.

GQ4 Information and digital literacy

Information and digital literacy is the ability to locate, interpret, evaluate, manage, adapt, integrate, create and convey information using appropriate resources, tools and strategies.

GQ5 Inventiveness

Generating novel ideas and solutions.

GQ6 Cultural competence

Cultural Competence is the ability to actively, ethically, respectfully, and successfully engage across and between cultures. In the Australian context, this includes and celebrates Aboriginal and Torres Strait Islander cultures, knowledge systems, and a mature understanding of contemporary issues.

GQ7 Interdisciplinary effectiveness

Interdisciplinary effectiveness is the integration and synthesis of multiple viewpoints and practices, working effectively across disciplinary boundaries.

GQ8 Integrated professional, ethical, and personal identity

An integrated professional, ethical and personal identity is understanding the interaction between one’s personal and professional selves in an ethical context.

GQ9 Influence

Engaging others in a process, idea or vision.

Outcome map

Learning outcomes Graduate qualities
GQ1 GQ2 GQ3 GQ4 GQ5 GQ6 GQ7 GQ8 GQ9

This section outlines changes made to this unit following staff and student reviews.

A number of changes have been made to clarify assessment expectations and assist students in identifying and developing a topic for their research essay.

Disclaimer

The University reserves the right to amend units of study or no longer offer certain units, including where there are low enrolment numbers.

To help you understand common terms that we use at the University, we offer an online glossary.