78013 Refugee Law and Practice

Warning: The information on this page is indicative. The subject outline for a particular semester, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

UTS: Law
Credit points: 6 cp

Subject level:

Undergraduate and Postgraduate

Result type: Grade and marks

Requisite(s): 70616c Australian Constitutional Law AND 70617c Administrative Law
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.

Handbook description

This subject surveys contemporary legal issues in refugee protection both within Australia and internationally. Focusing initially on the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol, this subject explores the key controversies in interpreting the refugee definition and extent of international protection afforded to refugees. In reviewing exclusion mechanisms in the international context, we consider the impact of terrorism on asylum procedures and eligibility, as well as issues involved in processing child soldiers.

This international law background provides a framework for considering the implementation of the Refugee Convention in Australian domestic law. We proceed to examine Australian constitutional power with respect to 'aliens' and the relevant provisions of the Commonwealth Migration Act 1958, focusing particularly on the procedures for decision-making in Australian refugee law, including merits review before the RRT and judicial review of administrative decisions. In this context, time is spent considering special issues which arise in working with refugee clients. Specific case studies in the domestic context include the detention and offshore interception of asylum seekers, as well as the overlap between refugee law and Australian responses to trafficking in persons. The subject concludes by considering proposals to reformulate the international refugee protection regime.

Subject objectives/outcomes

On completion of this subject, students should have developed:

1. A comprehensive understanding of the international, regional and national legal framework for the protection of refugees with a particular focus on the 1951 United Nations Convention for the Determination of Refugee Status and the Protocol and the applicability of the instruments in Australian law;
2. A detailed understanding of the principles of administrative law that govern refugee determination procedures in Australia;
3. Skills relating the drafting and making of submissions in refugee applications;
4. Understanding of the contemporary legal, social and political issues that affect the admission of refugees into Australia

Contribution to course aims and graduate attributes

The UTS, Faculty of Law has identified a number of professional attributes that graduates from the Faculty will possess upon graduation.

INTELLECTUAL
1. Critical Thinking: An appropriate level of independent thinking, creativity and critical analysis.
2. Analysis and Evaluation: An ability to strategically analyse issues of law, evaluate options and viewpoints to reach
and implement decisions.
3. Spoken and Written Communication: Advanced oral and written communication skills.
4. Legal Research and Technological Literacy: Appropriate research techniques to acquire, distil and utilise legal information.

PROFESSIONAL
5. Disciplinary Knowledge: A coherent and extensive knowledge of substantive and procedural law.
6. Lifelong Learning: A capacity to continually update the knowledge skills and awareness appropriate to the
practice of law.
7. Ethics: A capacity to value and promote honesty, accountability and ethical standards.

PERSONAL
8. Self and Cooperative Work Management: Self and priority management skills including cooperative work.
9. Cultural Awareness and a Global Outlook: An appreciation and valuing of cultural and intellectual diversity and an ability to function
in a global environment.
10. Social Justice: An acknowledgement and acceptance of individual responsibilities and obligations and of
the assertion of the rights of the individual and the community.

Teaching and learning strategies

Through seminar discussion, required readings and assessment, this subject is designed to foster students’ critical thinking, appreciation for difficult issues of social diversity and justice and spoken and written communication. Students will work together and with the lecturer to develop these skills incrementally through presentations, discussion and written legal and policy analysis.

Content

• International law and regime of international legal obligations.
• Institutions, processes and visa categories for refugee protection in Australia.
• Historical development of the international legal regime.
• Who is a Refugee: The crisis of definition.
• Exclusion and cessation clauses in the refugee convention.
• Refugee applications: making effective submissions and navigating administrative and judicial review.
• Strategies and ethical standards pertaining to refugee advocacy.

Assessment

Assessment Item 1: Class Participation

Objective(s):	Student participation in seminars is designed to assist learning by enabling students to clarify and reinforce their understanding of the laws and principles of refugee law and practice. It provides students with an opportunity to learn from peers and develop their thinking as they digest new information. It is also an excellent ongoing source of feedback for students from both staff and fellow students.
Weighting:	20%
Criteria:	General Class participation will be based on both the quality and frequency of participation.

Assessment Item 2: Research essay outline

Objective(s):	Preparing an outline of your research essay will ensure that sufficient thought and preparation goes into your final essay well in advance of submission. It provides students with an opportunity to gain feedback and discuss the direction of their research. It gives staff an indication of student progress.
Weighting:	20%
Length:	500 words

Assessment Item 3: Research Essay

Objective(s):	This extended research essay is designed to test students’ written and analytical skills as well as their grasp of an area of the course and ability to assess the policy ramification of this area in detail.
Weighting:	60%
Length:	3500 words
Criteria:	Fail (Below 50%): Doesn’t answer the question. Work may fail for any or all of the following reasons: • Few or no identifiable arguments. • No original research. • Content that is inappropriate or irrelevant because the student has not attempted to answer the question. • Plagiarism, inappropriate use of other student work, including ‘recycling’ all or a significant part of a paper which has already been given credit in another course. • Difficult or impossible to understand through poor grammar, expression or structure. • Significant or numerous errors. Pass (50-64%): Attempts to answer the question. • Offers descriptive summary of material relevant to the question. • Attempts to answer the question, but does not follow through with a reasoned argument. • Displays no real engagement with the issues. • Superficial use of material, tendency to paraphrase. • Shows no evidence of in-depth research. • Some important errors. • Adequate expression. Credit (65-74%): Mostly answers the question. • Contains no significant errors and covers main issues fairly well. • Attempts a critical approach to the issues. • Demonstrates independent research appropriate to addressing the main issues. • Only minor errors if any. • Has a clear structure and reasonably clear expression. Distinction (75-84%): Completely answers the question. • Has a clear structure and is well articulated. • Achieves a critical and evaluative approach to the issues. • Content and structure is well organised in support of the argument. • Demonstrates extensive research supporting a well documented argument. • Generally well expressed and free from errors. High Distinction (85% +): Completely answers the question in an original or unanticipated way. • Contains striking originality of approach or analysis. • Demonstrates exhaustive or innovative research. • Exceptionally well written. • Is otherwise exceptional in some way.

Required texts

Essential readings are available online: http://www.lib.uts.edu.au/drr/search.html?q=78013