This unit of study provides students with a theoretical understanding of refugee law and its practical application in Australia and in the international context. The unit will examine the international legal regime for the protection of involuntary migrants, the UN Refugee Convention's definition of refugee, Australia's visa system and application procedures relating to onshore and offshore refugees, the operation of the Refugee Tribunals, judicial review and judicial interpretation. Merits and judicial review principles in relation to protection visa applications will also be considered.

Unit details

Location:
Study level:
Postgraduate
Credit points:
12
Unit code:
LML7007

Prerequisites

LML6002 - Australian Migration Law

LML6003 - Australia's Visa System 1

Learning Outcomes

On successful completion of this unit, students will be able to:
  1. Interrogate the international and domestic development of refugee law and critically review the impact of judicial review on contemporary refugee and humanitarian visa applications;  
  2. Cross examine and apply case law and research to support specific protection visa applications, including communicating submissions in for protection visas in the context of primary and merits review applications;  
  3. Critically analyse, evaluate and synthesise relevant legislation, court decisions and rulings by the Refugee Review Tribunal and courts and apply to authentic complex cases and new situations and for further learning;  
  4. Critically evaluate the constantly evolving and changing refugee law in the context of contemporary Australian society and the migration agent's or migration lawyer's responsibilities within this area;  
  5. Adapt the United Nations Convention and Protocol relating to the status of refugees and initiate new ideas related to judicial review of applications; and  
  6. Interpret and discourse complex global refugee issues and the law with peers and professionals.  

Assessment

Assessment type Description Grade
Assignment Research Assignment (3,500 words) 40%
Examination Final Examination 60%
The total assessment in this unit is equivalent to 7,000 words.

Required reading

The Law of Refugee Status 2nd edition
Hathaway, J and Foster, M (2014)
Cambridge University Press

The Rights of Refugees under International Law
Hathaway, J (2005)
Cambridge University Press

Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol relating to the Status of Refugees
United Nations High Commissioner for Refugees (1992)
UNHCR

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