Migration, Refugees and Forced Migration is designed to introduce students to a most fast moving and engaging area of public law. At one level, this unit is about government regulation of the entry of persons into Australia. As such, it is a branch of applied administrative law that concerns the very make-up of our society, affecting both who we live with and how we live our lives. Statistics show that almost half of Australian citizens were either born overseas or had an Australian-born parent. Dramatic skills shortages have seen unprecedented reliance on migrants brought to Australia on temporary and permanent visas. In spite of this, controversy persists over the nature of Australia's immigration program and the extent to which the government is doing enough to control both unlawful entry and the quality of the (lawful) migrants. Issues surrounding refugees and asylum seekers are a constant preoccupation, as are questions about protecting the rights of migrant workers. Covering both immigration law and domestic aspects of the law of forced migration, the course also explores issues of human rights and the interaction between domestic and international law. With Sydney receiving the lion's share of the migrants that come to Australia each year, migration law has become a growth area for both lawyers and for migration agents. By placing the current mechanisms for the controlling migration in their legal, social, historical and economic contexts, this unit provides an opportunity to explore the "big" issues raised by migration and to look at why the subject has assumed such a central role in the development of Australia's identity as a nation. The unit of study is designed to foster the following skills: a. Skills of statutory interpretation and problem-solving, through the study and use in practical situations of the Migration Act 1958 and its associated Regulations; b. Skills of legal analysis and evaluation, gained through the examination and synthesis of relevant legislation; of court decisions and of rulings by the Migration Review Tribunal; the Refugee Review Tribunal; and the Administrative Appeals Tribunal in its migration division; and c. Oral and writing skills, through class participation, simulation exercises and the preparation of a major research paper.
Unit details and rules
| Academic unit | Law |
|---|---|
| Credit points | 6 |
| Prerequisites
?
|
LAWS5007 and LAWS5010 and LAWS5011 |
| Corequisites
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LAWS5010 or LAWS5005 |
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Prohibitions
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|
LAWS3499 |
| Assumed knowledge
?
|
None |
| Available to study abroad and exchange students | Yes |
Teaching staff
| Coordinator | Mary Crock, mary.crock@sydney.edu.au |
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