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76048 Citizenship and Immigration Law

Warning: The information on this page is indicative. The subject outline for a particular session, 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.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

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.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. research and understand relevant statutes and case law in the area of migration law;
2. analyse the relevant principles of law;
3. apply legal principles to research questions and problem solving;
4. demonstrate competencies by completion of assessment tasks.

Course intended learning outcomes (CILOs)

This subject also contributes specifically to the development of the following graduate attributes:

  • Legal Knowledge
    A coherent understanding of fundamental areas of legal knowledge including the Australian legal system, social justice, cultural and international contexts and the principles and values of ethical practice. (1.0)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate legal issues, apply reasoning and research, engage in critical analysis and make reasoned choices. (3.0)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (4.0)
  • Communication and Collaboration
    Effective and appropriate communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond appropriately. (5.0)
  • Self management
    The ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self assessment of skills, personal wellbeing and appropriate use of feedback and, a capacity to adapt to and embrace change. (6.0)

Teaching and learning strategies

Strategy 1 Students are encouraged to engage in class discussions through informed reading and consideration of the issues
Strategy 2 The subject will be supported by lecture and seminar content, referrals to key cases and research material.
Strategy 3 Students will extend and deepen their understanding of citizenship and immigration law by attendance, seminar presentations and completion of a research paper.
Strategy 4 Oral presentation of seminar material and facilitation of peer engagement.

Teaching Format:
All teaching is conducted through seminars combining lecture material, film, class discussion, debates, and student presentations.

Content (topics)

  • Introduction to Course
  • Acquisition, conferral, resumption and revocation of Australian Citizenship
  • Australian Passport control
  • Australian migration legislation: The Migration Act and Migration Regulations. Historical and current strategies in government selection of migrants for entry to Australia. The role of the Department of Immigration.
  • The operation of the visa system
  • Compliance powers. Public interest criteria: health and character. Deportation provisions
  • Immigration detention powers
  • Globalisation in migration patterns and Trafficking in human beings.
  • Skilling Australia
  • The major permanent visa programs and temporary entry visas;
  • Refugees and Humanitarian visas, Resettlement issues
  • Visa refusal, cancellation, deportation and review
  • The role of discretion in the migration jurisdiction
  • Lawyers and migration agents – Migration Agents Registration Authority;

Assessment

Assessment task 1: Class Presentation

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

3.0, 5.0 and 6.0

Weight: 30%

Assessment task 2: Research paper

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 4

This task contributes specifically to the development of the following graduate attributes:

3.0, 4.0 and 5.0

Weight: 60%
Length:

Maximum 3 000 words

Assessment task 3: Attendance & participation

Objective(s):

This task addresses the following subject learning objectives:

3

This task contributes specifically to the development of the following graduate attributes:

1.0 and 6.0

Weight: 10%

Required texts

Mary Crock, Laurie Berg, Immigration, Refugees and Forced Migration, Federation Press, 2011 (ISBN 9781862877979)

Recommended texts

  • Mirko Bagaric, Kim Boyd, Penny Dimopoulos, Sue Tongue, John Vrachnas, Migration and Refugee Law in Australia, Cases and Commentary, Cambridge University Press, 2007.
  • Crock, Mary, et al. Future Seekers II. Refugees and Irregular Migration in Australia, Federation Press, 2006.
  • Guy Goodwin Gill, Jane McAdam, Refugee in International Law, 3rd edn, OUP, 2007.
  • James Hathaway, The Law of Refugee Status, 1993.
  • Jane McAdam, Complementary Protectiion in International Refugee Law, OUP, 2008.
  • Kim Rubenstein, Australian Citizenship Law in Context, Thomson, 2002.
  • John Vrachnas, Kim Boyd, Mirko Bagaric, Penny Dimopoulos Migration and Refugee Law, Principles and Practice in Australia, 2nd edn, Cambridge University Press, 2008.

References

Australian ImmigrationLaw, published by LexisNexis andavailable online through the library databases. This database includes key limmigration and citizenship egislation, case-notes, Department of Immigration policy and procedures and Ministerial directions.

Other resources

Websites


Legislation, cases, review tribunals & judicial review Austlil: Australasian Legal Information Institute

Review Tribunals and Judicial review Administrative Appeals Tribunal

Human Rights