Outline

Overview

In the Australian context, citizenship status has recently been central to decisions on whether indigenous Australians can be vulnerable to deportation, expanded powers of citizenship deprivation addressed to ‘disallegient’ conduct defined with reference to terrorism offences, debate on Covid-19 restrictions on mobility, and proposed changes to the requirements for naturalization. The legal status of citizenship combines what is often a strong emotive charge, stemming from its relation to ideas of membership, allegiance and belonging, with a highly technical legal role in multiple fields of law. The course is particularly interested in the status as one that has implications within diverse fields of law, both municipal (constitutional and administrative) and international (public and private). A study of the legal status is an excellent vehicle for study of interactions between these fields. We will study the history of Australian citizenship, international law relating to nationality, the interaction between national citizenship regimes, current developments and proposals that affect rights integral to citizenship, and issues surrounding access to citizenship for long-term residents, among other topics. These issues will regularly be explored through their application to contemporary case studies and controversies. The unit will include analysis of a wide range of sources, including publications in political science and history as well as judgments, court filings, government reports and parliamentary submissions. In relation to all of the topics we will consider the vexed relationship between citizenship as a formal status granted by states, and citizenship as a status enabling, and registering, belonging.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	LAWS5005 and LAWS5007
Corequisites ?	None
Prohibitions ?	None
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	Class discussion leadership (on call) Participation	10%	Multiple weeks	Ongoing
Outcomes assessed:
Presentation	Class presentation Oral presentation	15%	Multiple weeks	To be assigned by the unit coordinator.
Outcomes assessed:
Assignment	Research outline Written task	0%	Week 05 Due date: 25 Mar 2022 at 09:00	300-500 words 5-8 references
Outcomes assessed:
Presentation	Research presentation Seminar presentation	0%	Week 09 Due date: 29 Apr 2022 at 09:00	To be assigned by the unit coordinator.
Outcomes assessed:
Assignment	Research essay Essay	75%	Week 13 Due date: 27 May 2022 at 12:00	4000 words
Outcomes assessed:
= hurdle task ?

Assessment summary

Research essay – the primary item of assessment is a research essay of 4000 words, due in Friday of week 13, 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 9. 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 reference citations, 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, with a preliminary literature review, in week 5 (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 with respect to it.
Research presentation – The final day of classes in the unit, in week 9, will be devoted to conference style sessions designed to generate peer and unit coordinator feedback. Each student will present their argument and research to date to their peers, identifying issues with which they are experiencing difficulty and/or would like to workshop.
Class presentation – To better ensure student engagement with the seminars, each student will be required, in one seminar during weeks 1-6, to present on the required material or an aspect or aspects of that material to the class. Students will choose the seminar on which they present using a sign-up sheet, with limits on the number of students signing up for a given seminar. 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) – To ensure student engagement with the seminars, for each of the first six Fridays, each student will be on call for one of the three seminars that day, ready to answer questions and lead discussion on the required material. The on-call component is worth 10% of the final mark.

A student must make a genuine attempt at all assessment tasks that account for a percentage of the final mark in the unit of study. Otherwise an absent fail grade will be recorded as the student’s result for this unit of study. Further details of assessment will be available through the unit’s canvas page.

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 piece of assessment, 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.

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.

Learning support

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.

Weekly schedule

WK	Topic	Learning activity
Week 01	The history of citizenship status & the concept of a 'genuine link'	Seminar (6 hr)
Week 02	What rights are integral to citizenship? To enter & remain?	Seminar (6 hr)
Week 03	Constitutional vs statutory citizenship (wrt indigeneity), & state independence/secession (PNG’s independence from Australia).	Seminar (6 hr)
Week 04	Dual citizens and expats	Seminar (6 hr)
Week 05	Relations between States, proof of foreign nationality and conflict of laws	Seminar (6 hr)
Week 06	Citizens in waiting? Pathways to citizenship	Seminar (6 hr)
Week 09	Presentations of research-in-progress – student workshop	Seminar (4 hr)

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. For units offered in Intensive mode, participation in all scheduled sessions may be expected by a Unit Coordinator in order to satisfy the requirements of the unit.
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).
Word count: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 2% of the total marks allocated to the piece of assessment for every 100 words, or part thereof, over the limit. 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.

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

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.

Outcomes
Graduate qualities

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
Learning outcomes

Responding to student feedback

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.

Additional information

Resources - Sydney Law Students

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.

Current students

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect

Current students

LAWS5215: Citizenship and Nationality Law

Semester 1a, 2022 [Normal day] - Camperdown/Darlington, Sydney

Overview

Overview

Unit details and rules

Teaching staff

Assessment

Assessment

Assessment summary

Assessment criteria

Late submission

Academic integrity

Learning support

Learning support

Simple extensions

Special consideration

Using AI responsibly

Weekly schedule

Weekly schedule

Attendance and class requirements

Study commitment

Required readings

Learning outcomes

Learning outcomes

Graduate qualities

Outcome map

Responding to student feedback

Responding to student feedback

Additional information

Additional information

Disclaimer

On this page

Useful links

Media

Student links

About us

Connect