78013 Refugee Law and Practice
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Subject handbook information prior to 2017 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): (70616c Australian Constitutional Law AND 70617c 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 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 learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | demonstrate a comprehensive understanding of the international, regional and national legal framework for the protection of refugees with a particular focus on the United Nations Convention for the Determination of Refugee Status and the Protocol and the applicability of the instruments in Australian law; |
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| 2. | demonstrate a detailed understanding of the principles of administrative law that govern refugee determination procedures in Australia; |
| 3. | demonstrate skills relating the drafting and making of submissions in refugee applications; |
| 4. | understand the contemporary legal, social and political issues that affect the admission of refugees into Australia. |
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) - Ethics and Professional Responsibility
A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including an understanding of approaches to ethical decision making, the rules of professional responsibility and, an ability to reflect upon and respond to ethical challenges in practice. (2.0) - 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: Seminar style discussion fosters students’ appreciation for difficult issues of social diversity and justice and spoken communication
Strategy 2: Students work together and with the lecturer to develop written communication skills and crucial thinking through written legal and policy analysis
Strategy 3: Simulated role-play exercises provide opportunities for collaborative learning. Through extended role plays students integrate their communication skills, analytical capabilities and substantive learning in this subject.
Subject Delivery: Seminars
Content (topics)
- 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 task 1: Class Participation
| Objective(s): | This task addresses the following subject learning objectives: 4 This task contributes specifically to the development of the following graduate attributes: 2.0 and 5.0 |
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| Weight: | 20% |
| Criteria: | General Class participation will be based on both the quality and frequency of participation. |
Assessment task 2: Written Position Statement of Each Group
| Objective(s): | This task addresses the following subject learning objectives: 1, 2 and 4 This task contributes specifically to the development of the following graduate attributes: 1.0, 3.0, 4.0, 5.0 and 6.0 |
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| Weight: | 30% |
| Length: | 3000 words |
Assessment task 3: Written Reflection
| Objective(s): | This task addresses the following subject learning objectives: 4 This task contributes specifically to the development of the following graduate attributes: 3.0 and 6.0 |
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| Weight: | 30% |
| Length: | 2000 words |
Assessment task 4: Written OpEd
| Objective(s): | This task addresses the following subject learning objectives: 2 This task contributes specifically to the development of the following graduate attributes: 3.0 and 6.0 |
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| Weight: | 20% |
| Length: | 500 Words |
Required texts
Essential readings are available online: http://www.lib.uts.edu.au/drr/search.html?q=78013
