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76048 Citizenship and Immigration Law

6cp
Requisite(s): ( 70617 Administrative Law OR ((70108c Public International Law OR 76006c Public International Law) AND 70110 Introduction to 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. See access conditions.

Description

This subject promotes an analytic examination of major legal and policy issues in Australia. The subject deals with the development of a distinct Australian citizenship and Australian immigration law. A primary focus is on the analysis of constitutional law issues, the legislative framework, policy responses and examination of international law principles. Recent developments in Australian nationality and citizenship law are evaluated within the context of acquisition of Australian citizenship, passport control and the statutory concept of entry to Australia. Australian migration law is about the control of those who are not Australian citizens. This subject examines the legal and policy framework controlling Australian immigration including the development of the universal visa system, the operation of the Migration Act 1958 and Migration Regulations 1994, the distinction between lawful and unlawful non-citizens, visa acquisition and cancellation, the controversial character and deportation provisions and administrative and judicial review of adverse citizenship and immigration decisions. Specific themes include an analysis of the migration program, immigration detention, skilled and temporary visa entry, the national skill shortage, comparative guest worker schemes, humanitarian considerations, ministerial discretion, refugee visas, irregular migration, global trends, the status of migrant workers, people smuggling and human trafficking. The statutory scheme established to regulate migration agents is also reviewed. This subject aims to provide an understanding of:

  • the historical development of citizenship and immigration law in Australia
  • the effectiveness and fairness of Australian migration legislation and policy
  • the legislative schemes: primarily the Migration Act and Migration Regulations, the Australian Citizenship Act 2007, relevant policy and case law
  • the major permanent visa programs and temporary entry visas
  • visa refusal, cancellation and review
  • acquisition, grant, loss and deprivation of Australian citizenship
  • the operation of the Migration Agents Registration Authority.


Detailed subject description.

Access conditions

Note: The requisite information presented in this subject description covers only academic requisites. Full details of all enforced rules, covering both academic and admission requisites, are available at access conditions and My Student Admin.