Outline

Overview

Refugee Law provides students with a practical and theoretical understanding of the development and operation of international refugee law and forced migration more broadly. Forced migration is not a new phenomenon. What has changed over the last century is the scale and frequency of the conflagrations causing the mass movement of peoples and the ease with which individuals have become able to move around the world in search of protection. Although Australia’s experience of direct refugee flows has been limited it has not escaped the phenomenon of mobile refugees Noncitizens who come uninvited and thereafter seek protection as refugees are the source of inordinate public concern and debate. The controversy arises in part from a sense of loss of control of immigration and also from the cost of the processes available to asylum seekers fighting to remain here. Having signed and ratified the key international treaties Australia has assumed certain international legal obligations with respect to refugees. The most important is the obligation not to return or refoule a refugee to a place where she or he faces persecution on one of five grounds. This unit is designed to give students a critical understanding of the international legal regime of refugee protection It begins with an overview of the evolution of refugee law at the international level considering the various conceptualizations of refugeehood that have characterized international agreements from the period of the League of Nations through to the present day. The unit then turns to issues such as the definition of the term refugee under international and regional law the express exclusion of certain persons from refugee status the rights and obligations accorded to refugees the broadening of international protection through principles of human rights and humanitarian law complementary protection and the impact of terrorism on asylum procedures and eligibility. It considers attempts by States to restrict access to asylum through mechanisms such as carrier sanctions interdiction transit processing centres detention and safe third countries to which asylum seekers may be removed. Contemporary protection concerns such as mass influx situations and temporary protection flight from generalized violence and civil war internal displacement burden-sharing and the question of economic migrants and environmental refugees are also addressed. These considerations necessarily require an understanding of the role of international organizations such as UNHCR, the mechanisms in place for refugee status determination and appeals in Australia and abroad and the jurisprudence that has developed internationally and in Australia relating to the qualification and rights of asylum seekers refugees and other persons in need of protection.

Unit details and rules

Academic unit	Law
Credit points	6
Prerequisites ?	None
Corequisites ?	None
Prohibitions ?	None
Assumed knowledge ?	None
Available to study abroad and exchange students	No

Teaching staff

Coordinator	Mary Crock, mary.crock@sydney.edu.au

Type	Description	Weight	Due	Length
Presentation	Class presentation Class presentation	15%	Ongoing	Maximum 10 minutes for the presentation
Outcomes assessed:
Assignment	Written report Written report accompanying presentation	15%	Week 03 Due date: 23 Aug 2021 at 23:00 Closing date: 23 Sep 2021	2000 words
Outcomes assessed:
Assignment	Optional abstract (ungraded) This is an outline of the essay topic where a student devises their own.	0%	Week 07 Due date: 21 Sep 2021 at 17:00	250 words
Outcomes assessed:
Assignment	Research essay Essay	70%	Week 12 Due date: 04 Oct 2021 at 23:59 Closing date: 04 Nov 2021	6000 words
Outcomes assessed:
= hurdle task ?

Assessment summary

Class Presentation (15%)

Students are required to select four cases, articles or topics in advance in order to lead discussion and answer on-call questions. Participation is measured against a maximum 10 minute presentation of selected topics and participation across the 4 days of the unit.

Written report (15%)

In addition to leading discussion in class, students should prepare a written report not exceeding 2000 words in total, covering between 1-4 of the cases selected.

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. The idea is that the reports are aligned to the cases or articles chosen for discussion.

Students will also be offered a short problem as an option for this part of the assessment as an alternative to a case analysis.

Research Essay (70%)

A list of potential essay topics for this 6000 word research essay will be released on Canvas prior to or during classes but students will also be invited to create a topic of their choice. Topics must be submitted online for approval by the lecturer by the end of Day 4 of the unit of study.

Optional Abstract (Non-graded)

Where students choose to write on a topic on their own choice, they should submit by the end of Day 4 of classes on September 21 at 5pm a 250 word abstract outlining this topic for prior approval by the unit coordinator.

A student must make a genuine attempt at all assessment tasks (with the exception of the Optional Abstract if a student is completing a suggested topic for the research essay and not devising their own essay topic) set out for 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

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. Should a student make a successful Special Consideration application for the report and/or the research essay after the closing (final extension) date, an alternative assessment will be the outcome.

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
Ongoing	1. The evolution of the international protection regime; 2. Legal Frameworks for protection: non-refoulement; 3. Institutional frameworks: the role of UNHCR; 4. Intersections: case study on refugees with disabilities	Block teaching (8 hr)
	1. Alienage: the right to seek asylum; excision, interdiction and deflection; 2. Refugee status determination; 3. Well-founded fear; 4. Persecution	Block teaching (8 hr)
	1. The ‘nexus’ requirement: the convention grounds; 2. Protection elsewhere: relocation and safe third countries; 3. Exclusion: unworthy refugees; 4. Cessation of refugee status	Block teaching (8 hr)
	1. Complementary protection; 2. The rights of refugees; 3. Cooperation and responsibility sharing; 4. Revision	Block teaching (8 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 online attendance as specified by the Unit Coordinator. 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: 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

Guidelines for class participation

Oral component

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.
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.

Written component

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 two or more pieces up to a maximum of 4 items. The idea is that the reports are aligned to the cases or articles chosen for discussion. For this reason my preference is to allocate 30% as one mark rather than to specify a percentage between oral and written components.

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

All readings for this unit can be accessed through the Library Reading List tab, available on Canvas.

All major texts and cases are available online.

James C Hathaway and Michelle Foster, The Law of Refugee Status, Second edition (CUP, 2015).

Cathryn Costello, Michelle Foster and Jane McAdam The Oxford Handbook of International Refugee Law (OUP, 2021)

Mary Crock and Laurie Berg, Immigration, Refugees and Forced Migration: Law, Policy and Practice in Australia (Sydney: Federation Press, 2011) (Hereafter ‘Crock & Berg’)

Daniel Ghezelbash, Refuge Lost: Asylum Law in an Interdependent World (CUP, 2018)

Students are required to access the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth) through the LEGEND.com site

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. discuss the history of refugee law both at international and domestic levels
LO2. explain how the refugee determination system operates in Australia
LO3. understand the basic elements of the definition of refugee in the UN Convention relating to the Status of Refugees
LO4. understand the jurisprudence emerging from the Australian courts about the nature of Australia’s obligations in both determining who are refugees and in the treatment of refugee claimants
LO5. appreciate the social and political dimension of the refugee debate.

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.

The unit has been revised to account for changes in the law and the availability of helpful new texts

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

LAWS6198: Refugee Law

Intensive August - September, 2021 [Block mode] - Remote

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