78300 Introduction to Migration Law
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Subject handbook information prior to 2018 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ( 78101 Postgraduate Legal Research OR ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration OR 94 credit points of completed study in spk(s): C04363 Juris Doctor Master of Intellectual Property OR 94 credit points of completed study in spk(s): C04364 Juris Doctor Graduate Certificate Trade Mark Law and Practice) AND 70106 Principles of Public International Law AND 70107 Principles of Company Law) OR ((22 credit points of completed study in spk(s): C07122 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04147 Master of Legal Studies OR 22 credit points of completed study in spk(s): C07074 Graduate Diploma Legal Studies OR 22 credit points of completed study in spk(s): C04264 Master of Legal Studies)) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law))
There are course requisites for this subject. See access conditions.
Description
This subject is delivered online. It is the first subject in the Graduate Diploma of Migration Law and Practice (C06122) as well as a postgraduate elective. Students are introduced to the required knowledge to understand migration legislation in the context of Australia's legal system, as well as the ethical obligations applicable to a professional migration advisor. Students learn and practise the application of knowledge through the development of skills and reflection in preparation for professional practice as a migration agent. The subject aims to equip students with the skills needed to communicate with clients and key stakeholders, research relevant law, and self-regulate their professional work. Commencing with a brief history of migration law and policy, students develop an awareness of the role of migration agents in Australia.
Working with the LEGENDcom database, developed, maintained and used by the Department of Home Affairs ('the department'), students learn to apply migration law and policy to practical scenarios. Participation in drafting, interviewing, advice-writing exercises and online discussions enables students to practise, and receive feedback on, essential skills in a client-focused environment. This real-world context also allows students to develop an ethical framework for problem solving and decision making.
This subject is aligned with the Occupational Competency Standards for Migration Agents. The nine standards set out the knowledge, skills and professionalism required of an Australian migration agent. This subject meets the following three standards:
- Standard 1 – Make preliminary contact with potential client
- Standard 4 – Represent clients before the department and other bodies based on a detailed knowledge of relevant legislation and government policy and in accordance with legal requirements and ethical principles
- Standard 6 – Finalise matters in accordance with legal requirements and ethical principles.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Interpret and apply migration law in professional practice |
|---|---|
| 2. | Undertake and synthesise research to underpin migration advice |
| 3. | Develop an ethical framework for practice in order to recognise and resolve ethical challenges |
| 4. | Apply effective oral and written communication skills to provide advice to clients and advocate on their behalf |
| 5. | Manage as self-directed, independent and reflective professionals working, at times, in a challenging environment |
Course intended learning outcomes (CILOs)
This subject also contributes specifically to the development of the following graduate attributes which reflect the course intended learning outcomes:
- Legal Knowledge
An advanced and integrated understanding of a complex body of legal knowledge including the Australian legal system, social justice, cultural and international contexts, the principles and values of ethical practice, and contemporary developments in law and its professional practice (1.0) - Ethics and Professional Responsibility
An advanced and integrated 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, an ability to reflect upon and respond to ethical challenges in practice, and a developing ability to engage in the profession of law and to exercise professional judgment (2.0) - Self management
A high level of autonomy, accountability and professionalism, 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 - Preparing for professional practice through interactive activities, a practice file and group discussion
Students are introduced to migration law and practice from the perspective of a professional preparing to enter the area of migration practice. As the introductory subject in the Graduate Diploma, students are guided through online learning with weekly interactive activities. These activities align with professional practice and include a component for preparation, followed by participation and feedback. Using targeted resources, such as the LEGENDcom database, students engage in weekly discussion groups. Students build on their preparation and self-directed learning in these discussion groups and the online discussion board. Teachers provide feedback that is relevant to professional practice through the discussion groups and with exemplars of best practice. Regular quizzes and the practice file, enhanced by contributions from professional agents, provide students with a sound introduction to the practice of a migration advisor.
Strategy 2 - Independent and self-directed learning
Independent and self-directed learning reflects the requirements of professional practice. Self-management is a core attribute for professional practice, particularly in the complex and changing area of migration law and practice.
Students’ capacity to understand the framework of migration law and manage online learning is assisted by good time management with incremental learning of content and weekly study requirements. As an introductory subject, students will learn, practise and receive feedback on professionalism, including client-centred practice. The ability to effectively engage with a client includes independent decision making, self-directed work and self-management.
Strategy 3 - Practical problem solving in an ethical context
The ability to solve problems is a core skill for a migration advisor. Essential for effective problem solving is an understanding of migration law and policy and a capacity to identify and resolve ethical challenges that may arise in the problem-solving process. Problem-solving exercises and the practice file enable students to test their learning and develop an ethical and reflective framework for decision making. This framework can be further strengthened through self, peer and teacher feedback on an ongoing basis during the teaching period.
Strategy 4 - Critical reflection and feedback
The ability to be a self-directed professional who has the capacity to critically reflect on their work is an essential attribute in migration law and practice. Receiving feedback allows students to deepen their reflective skills and to apply good time management methods to integrate feedback. Using the targeted feedback points during the session, including early feedback in week 2, enables students to monitor their development as effective professionals. Subject resources, including prescribed readings, web-based information, exercises and assessment tasks, and the conduct of the practice file provide learning opportunities for students to reflect on their understanding of the legal and ethical requirements of professional practice.
Content (topics)
- Introduction to the Program and the History of Australia’s Migration Law
- Introduction to LEGENDcom, including Overview of Migration Legislation and Policy
- Fundamental Legal Skills, Part 1 (Legal Writing)
- Fundamental Legal Skills Part 2 (Research, Citation and Interviewing)
- Fundamentals of Law
- Introduction to the Role of the Courts in Reviewing Migration Decisions
- Regulation of the Migration Advice Profession
- Optional on-campus workshop - Extension work in skills and practice
- Practice file
Assessment
Assessment task 1: Participation, including online discussion, case studies and quizzes
| Intent: | This assessment task provides students with the opportunity to test their understanding of the principles, laws and issues affecting migration law in Australia and to receive ongoing formative feedback. Learning is both an individual and a social act and interactions with teachers and fellow students are an important source of learning. |
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| 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: 1.0, 2.0 and 6.0 |
| Weight: | 20% |
| Length: | 2,000 words |
| Criteria: |
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Assessment task 2: Practice File
| Intent: | This task is designed to provide students with real-world immersion as a migration advisor. Through a series of steps, students practise and receive feedback on their professionalism, capacity to manage a client’s needs and interests, and ability to recognise and resolve ethical challenges. |
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| Objective(s): | This task addresses the following subject learning objectives: 1, 2, 3, 4 and 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 2.0 and 6.0 |
| Weight: | 30% |
| Criteria: |
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Assessment task 3: Take-home exam
| Intent: | This task enables students to bring together their learning and to articulate the knowledge and its practical application acquired throughout the subject. Students learn to manage their time to be able to provide a succinct response to relevant questions. |
|---|---|
| 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: 1.0, 2.0 and 6.0 |
| Weight: | 50% |
| Length: | 3000 words |
| Criteria: |
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