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Unit outline_

LAWS6198: Refugee Law

Intensive September, 2024 [Block mode] - Camperdown/Darlington, Sydney

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 Australias 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. Further information about this unit is available in the Sydney Law School timetable https://canvas.sydney.edu.au/courses/4533/pages/postgraduate-lecture-timetable, unit of study outline https://www.sydney.edu.au/units and academic staff profile https://www.sydney.edu.au/law/about/our-people/academic-staff.html

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
The census date for this unit availability is 30 August 2024
Type Description Weight Due Length
Assignment Problem questions (30%)
Problem questions, with option of (RACS)case data collection & writing task
30% Week 02
Due date: 30 Aug 2024 at 17:00

Closing date: 16 Sep 2024
2000 words / 3 weeks
Outcomes assessed: LO1 LO2 LO3 LO4 LO5
Assignment Research essay (70%)
Research Essay
70% Week 09
Due date: 14 Oct 2024 at 17:00

Closing date: 28 Oct 2024
6000 words / 9 weeks
Outcomes assessed: LO6 LO1 LO2 LO3 LO4 LO5

Assessment summary

Problem questions 2000 words (excluding references) 30%: Questions / instructions be released on Canvas at 5:00pm (Sydney, Australia time) on 12 August 2024 and will be due at 5:00pm (Sydney, Australia time) on 30 August 2024. The casework / story collection option involves collaboration with RACS NSW and will be explained at the pre-class meeting on 30 July 2024 (5.30-6.30pm) and again at the start of classes.

Research Essay 6000 words (excluding references) (70%): A list of potential essay topics research essay will be released on Canvas at 5:00pm (Sydney, Australia time) on 14 August 2024 and will be due at 5:00pm (Sydney, Australia time) on 14 October 2024.

Word limit 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 footnotes and bibliography (if required). 

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). The use of Studiosity does not breach this rule but must be acknowledged. 

Special consideration: Successful grants of Special Consideration may involve alternative tasks, as appropriate. 

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 2021 (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 10% of the total marks available for the piece of assessment per 24 hours or part thereof, after the due time on the due date. For example, a submission after 5:00pm but before the same time the following day will attract a 10% penalty. If you are encountering difficulties submitting a piece of work on time you should always reach out to the unit coordinator before the due time. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission.

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.

Support for students

The Support for Students Policy 2023 reflects the University’s commitment to supporting students in their academic journey and making the University safe for students. It is important that you read and understand this policy so that you are familiar with the range of support services available to you and understand how to engage with them.

The University uses email as its primary source of communication with students who need support under the Support for Students Policy 2023. Make sure you check your University email regularly and respond to any communications received from the University.

Learning resources and detailed information about weekly assessment and learning activities can be accessed via Canvas. It is essential that you visit your unit of study Canvas site to ensure you are up to date with all of your tasks.

If you are having difficulties completing your studies, or are feeling unsure about your progress, we are here to help. You can access the support services offered by the University at any time:

Support and Services (including health and wellbeing services, financial support and learning support)
Course planning and administration
Meet with an Academic Adviser

WK Topic Learning activity Learning outcomes
Week -01 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 Seminar (6 hr) LO1 LO2 LO3 LO4 LO5
1. Alienage: the right to seek asylum; excision, interdiction and deflection; 2. Refugee status determination; 3. Well-founded fear; 4. Persecution Seminar (6 hr) LO1 LO2 LO3 LO4 LO5
Week -03 Pre-class meeting Seminar (1 hr) LO1 LO2 LO3 LO4 LO5 LO6
Week 02 1. The ‘nexus’ requirement: the convention grounds; 2. Protection elsewhere: relocation and safe third countries; 3. Exclusion: unworthy refugees; 4. Cessation of refugee status Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5
1. Complementary protection; 2. The rights of refugees; 3. Cooperation and responsibility sharing; 4. Revision Seminar (6.5 hr) LO1 LO2 LO3 LO4 LO5

Attendance and class requirements

Attendance: All students are required to attend at least 70% of classes to satisfy the pass requirements for each unit of study. Failure to meet this requirement may result in a student being precluded from undertaking 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: The Sydney Law School expects you to use the Australian Guide to Legal Citation (5th edition, 2021) for your footnoting style, although you should confirm this with your lecturer. A link to the library website where this is set out comprehensively is available at Referencing and Citation Styles: AGLC4. 

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’)

As we are in the process of re-writing the 2015 e-text, draft chapters will be provided on canvas as they become available.  There will be no charge for these works.

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 as directed on the canvas site for this subject.

 

 

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. Critically analyse the evolution of refugee law at international and domestic levels
  • LO2. Critically evaluate the operation of the refugee determination system in Australia
  • LO3. Interpret and analyse the definition of refugee in the UN Convention relating to the Status of Refugees
  • LO4. Critically assess the jurisprudence from Australian courts regarding Australia's obligations in refugee determination and treatment of refugee claimants
  • LO5. Critically evaluate and describe the social and political dimensions of the refugee debate
  • LO6. Apply relevant legal research methodology to synthesise primary and secondary sources and report findings using sound legal argument(s).

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.

The unit has been revised to account for changes in the law and the availability of helpful new texts. To make students feel more engaged with the subject matter, the assessment has been altered to include the option of collaborative (data compilation) work with the Refugee Advice and Casework Service (RACS) in a Ministerial Intervention project involving asylum seekers and refugees who have married Australian citizens or who now have Australian citizen children.

Please refer to the canvas site for this subject for further information.

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.