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Unit outline_

LAWS6195: Immigration and Labour Law

Intensive November, 2021 [Block mode] - Remote

Immigration and Labour Law is a specialist unit designed to provide candidates with an opportunity to explore in depth a particular facet of immigration law that concerning the admission and treatment of noncitizens on grounds of employment or special skills. The unit is designed to be interdisciplinary in its focus offering insights for both candidates with particular interests in migration law and those with expertise or interests in employment law It examines the economic basis of the skilled component of Australia’s immigration program exploring the different theories and practical strategies adopted over the years in the selection of skilled migrants. It also looks in some detail at the various components of the skilled migration business skills and temporary skills transfer sub-programs. The unit involves the study of the laws and policies relevant to both the employment of foreign workers in Australia and the employment of Australian workers overseas. The unit covers substantive aspects of migration and labour law in Australia as well as law and policies relevant to the settlement and ongoing employment of foreign workers Included for special study in this regard are the matters of the recognition of overseas qualifications and the taxation superannuation and investment laws applicable to foreign workers. The unit of study is designed to foster the following skills: Skills of statutory interpretation and problem-solving through the study and use in practical situations of the Migration Act 1958 and its associated Regulations 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 and 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
? 
None
Corequisites
? 
None
Prohibitions
? 
None
Assumed knowledge
? 

LAWS6252 or a law degree and LAWS6071 (MLLR students only)

Available to study abroad and exchange students

No

Teaching staff

Coordinator Mary Crock, mary.crock@sydney.edu.au
Type Description Weight Due Length
Assignment Research paper
Essay
75% Formal exam period
Due date: 14 Nov 2021 at 23:00

Closing date: 29 Nov 2021
6000 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
Participation Oral class participation
Class participation
10% Ongoing 20 minutes (5min x 4 cases)
Outcomes assessed: LO1 LO7 LO6 LO5 LO4 LO3 LO2
Assignment Written reports
Written reports on chosen cases or articles
15% Week 11
Due date: 25 Oct 2021 at 23:00

Closing date: 22 Nov 2021
Maximum 2000 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7
Assignment Essay abstract (Ungraded)
Essay abstract on topics provided or formulate own topic
0% Week 11
Due date: 25 Oct 2021 at 23:00
300 words
Outcomes assessed: LO1 LO2 LO3 LO4 LO5 LO6 LO7

Assessment summary

Class participation 20 minutes (5min x 4 cases) (10%): 

This will require students to take the lead in discussing selected readings and submit written reports as indicated below.

My approach to class participation (and its assessment), is designed to promote participation, give students some control over their participation, and help me to make sure that assessment is as fair as possible. I ask each student to nominate four of the articles, cases or chapters in which they will be ‘on-call’ to help facilitate discussion. By nominating these four readings, the student agrees:

- To read the required readings for that session with an extra degree of diligence, and

- To help lead discussion on that article or case, as necessary. 

Students can sign up for their nominated sessions by entering their selection on the google doc on canvas or by email.

No formal presentations are required, but the ‘on-call students’ are generally the first to be called upon in their particular session to respond to the questions I pose to the class about the readings. By doing this I hope to give each student a designated opportunity to participate, appreciating that in general discussion some students are more confident and capable than others and can overshadow their colleagues. Please note, in all assessments, including the assessment of class participation, a judgement needs to be made. This judgement is made against the Assessment Grading Guidelines, as set out below (Assessments). As the Guidelines note, these standards can be applied in conjunction with specific marking criteria. For class participation, the specific additional criteria are:

  • Some quantity of participation in discussions (whole class and/or small group) is necessary but not sufficient to achieve a high grade; quality of participation is also important.  (See the Grading Guidelines for explanation of what constitutes good quality contributions.)
  • Talking over, dominating, or denigrating other students' contributions is not appropriate. Good class participation includes helping others to participate. 

 

Written reports on readings for in-class participation (15%): 

Because of the number of students enrolled, and the assessment requirements for postgraduate units, class participation will also involve the submission of written work in the form of notes on a case or article chosen for discussion. These reports do not require footnotes (unlike the research essay) and should not exceed a combined total of 2000 words. Students may chose to submit one or more pieces up to a maximum of 4 items and must submit  for assessment by Monday 25 October at 23:00.   The idea is that the reports are aligned to the cases or articles chosen for discussion. 

The oral aspects of class participation are worth 10% of the final mark and the written reports are worth 15% of the final mark (total 25%).

I endeavour to make the assessment as fairly, consistently, and transparently as possible. If you have any concerns about this process or how the criteria have been applied, please let me know as soon as possible. 

Research Paper (75%): 

Students will be provided with some suggested essay topics by 10 September 2021 but will be encouraged to formulate their own research and writing project. Essay topic choices or a 300 word abstract of the proposed essay topic (ungraded) must be submitted to the lecturer for approval by 23:00 Monday 25 October 2021. This 6000 word essay is due at 23:00 on Sunday 14 November 2021.

The purpose of the research essay is to allow students to pursue a chosen area or topic within the unit in more depth. The project aims to encourage the development of basic research and analytical skills; as well as fostering clear thinking and expression of ideas. The essay will also give the students the opportunity to explore aspects of migration law within a broader theoretical and jurisprudential framework and to demonstrate their grasp of issues involving the interface between immigration and labour law and also different areas of public law, politics and economics.

Assessment requirement 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 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 10% 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.

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
Ongoing 1. A History of Skilled Migration to Australia; 2.The Labour Law Framework: A Brief introduction; 3. The Intersection between Immigration Laws and Labour Law; and Temporary Migration to Australia: An Introduction and 4. The operation of the 457 visa subclass mechanism; Block teaching (7 hr) LO1 LO3 LO4 LO5
1. Temporary skilled migration concluded; 2. Introduction to Skilled Migration; The Points Tests; 3. The Employment Nomination Scheme (ENS) and 4. Business Skills Migration Block teaching (7 hr) LO1 LO2 LO3 LO5
1. The protection of migrants and international law; 2. Offshore and onshore employment; 3. Offshore and Onshore Employment Concluded and 4. Abuses in Australia Block teaching (7 hr) LO1 LO5 LO6 LO7
1. The plight of the illegal worker in Australia and comparator countries; work performed in detention centres; 2. Captive Workers and Human Trafficking and 3. Employer Sanctions: Labour Markets and Unlawful Migration. Block teaching (7 hr) LO1 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 and/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.

Word count penalty: A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words, or part thereof. 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.

Referencing: The Sydney Law School expects you to use 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 library website where this is set out comprehensively is available at https://libguides.library.usyd.edu.au/c.php?g=508212&p=3476376

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

Mary Crock and Laurie Berg, Immigration, Refugees and Forced Migration: Law, Policy and Practice in Australia, (Sydney, the Federation Press, 2011), (hereafter "Crock & Berg"); and

Catherine Costello and Mark Freedland (Eds), Migrants at Work: Immigration and Vulnerability in Labour Law, (Oxford, Oxford University Press, 2014), (Hereafter "Costello & Freedland").

All readings for this unit are available in Canvas.

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. Analyse the legal framework governing skilled migration in Australia to determine its coherence, fairness and efficiency;
  • LO2. Analyse the various legal issues facing non-citizens wishing to migrate to Australia on a permanent basis on grounds of employment or business skills
  • LO3. Understand the various legal issues facing employers wishing to sponsor non-citizens as employees on either a temporary or permanent basis;
  • LO4. Examine the intersections between immigration law and labour law so as to develop an understanding of current laws and policies in their historical and economic context;
  • LO5. evaluate the operation of relevant laws and policies so as to determine their coherence, efficiency and fairness, including in emergency situations such as the COVID 19 Pandemic
  • LO6. Understand the development of law, policy and practice to address the abuse of migrant workers in matters including wages and working conditions
  • LO7. Develop a critical understanding of law, policy and practice relating to human trafficking in Australia.

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.

This unit was last offered in 2015. It has been altered dramatically to reflect recent developments and issues of interest such as trafficking and modern slavery.

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.