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78305 Migration Law in Practice

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 2018 is available in the Archives.

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

There are course requisites for this subject. See access conditions.

Description

This final migration law subject contributes to the overall course objectives by focusing on best practice to provide competent and ethical migration advice and services. Focusing on the requirements for setting up a professional practice, and as a capstone subject, students have practical opportunities to apply the knowledge gained through the earlier subjects. Students are offered the opportunity to undertake an internship under the supervision of a registered migration agent with at least two years' experience, or to manage a client file from the taking of initial instructions to file closure following visa grant including all relevant documentation and ensuring compliance with Code of Conduct requirements.

This subject is aligned with the Occupational Competency Standards for Migration Agents that set out the knowledge, skills and professionalism required of an Australian migration agent. This capstone subject meets all nine standards:

  • Standard 1 – Make preliminary contact with potential client
  • Standard 2 – Agree on a course of action based on a detailed knowledge of relevant legislation and government policy and in accordance with the ethical principles and the Code of Conduct
  • Standard 3 – Prepare, review and lodge applications or appeals based on a detailed knowledge of relevant legislation and government policy and in accordance with ethical principles and the Code of Conduct
  • Standard 4 – Represent clients before DIBP and other bodies based on a detailed knowledge of relevant legislation and government policy and in accordance with ethical principles and the Code of Conduct
  • Standard 5 – Monitor progress of cases based on a detailed knowledge of relevant legislation and government policy and in accordance with ethical principles and the Code of Conduct
  • Standard 6 – Finalise matters in accordance with ethical principles and the Code of Conduct
  • Standard 7 – Identify and undertake an ongoing professional development plan
  • Standard 8 – Establish a practice in accordance with ethical principles, the Code of Conduct and compliant with relevant legislation
  • Standard 9 – Manage a practice in accordance with ethical principles, the Code of Conduct and compliant with relevant legislation.

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 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)
  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and, demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses (3.0)
  • Research Skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions (4.0)
  • Communication and Collaboration
    Effective and appropriate professional 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
    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

In this capstone subject, students bring together their knowledge and skills developed in the earlier subjects in this course. The weekly interactive activities and online discussions provide a forum for students to take on the role of a professional migration agent. Working with Legend.com database and Migration Manager, students engage in the weekly discussion groups at an advanced, professional level. Teachers provide feedback that is relevant to professional practice through the discussion groups and with exemplars of best practice. An internship or the management of a virtual file, enhanced by contributions from professional agents, provide students with a sound overview of the practice of a migration agent.

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 optimise their self-directed learning in discussions groups and the online discussion board to align with the management and self-regulation of professional 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, weekly study requirements and assessment due dates. As a capstone subject, students build on earlier learning, reflection, assessment tasks and feedback to transition into client-centred practice. The ability to effectively engage with a client includes independent decision-making, self-directed work and self-management.

Strategy 3 Problem-solving in an ethical context

The ability to solve problems is a core skill for a migration agent. Essential for effective problem solving is an understanding of best practice principles and a capacity to identify and resolve ethical challenges that may arise in the problem-solving process and in professional practice. Problem-solving exercises and the practice file enable students to test their learning and develop an ethical and reflective framework for sustained decision-making. This framework can be further strengthened through self, peer and teacher feedback and self-reflection from earlier subjects and on an ongoing basis during the teaching period. (compulsory field)

Strategy 4 Communication and collaboration

Activities for developing advanced communication skills are practised in a professional context through online activities and the practice file. These activities simulate professional practice which will assist students in their careers. Tasks for developing advanced written communication skills are practised through drafting letters and file notes. Tasks for developing advanced oral communication skills are practised through interview and client advocacy exercises. Peer and teacher feedback is given during the practice activities to enable students to reflect on and apply feedback to assessed tasks.

Students learn collaboratively in the workshops and online groups through peer feedback and discussion. The enhancement of communication and collaboration skills is core to the effective completion of either an internship or the management of a virtual file.

Subject Delivery

This subject is delivered in an interactive online mode through the University’s virtual learning platform UTSOnline. Webinars support the online delivery. Students are welcome to attend campus for the Optional On-Campus Workshop in Week 9. Date and time of the workshop will be posted at the commencement of Week 1.

UTSOnline includes a site for each subject. Within each subject site, students will have access to:

> Subject Outline

> Lecture podcasts

> Weekly Workshops

> Q & A Forum

> Face to Face Workshop (optional on-campus attendance)

> Assessment Tasks and Feedback

> Resources and Professional Development

Students will be provided with a Weekly Checklist setting out the work to be completed each week:

Week 8 – Client Interview – see Assessment Task below

Weeks 9-11 - Internship or Virtual Client File – see Assessment Task below

Week 12 – Exam Preparation and Take-Home Exam
At the end of Week 12, students will have access to the take-home exam. Students will have 3 hours to submit exam answers. The exam will take place during the formal assessment period at the end of the teaching session.

Content (topics)

  • Migration Manager
  • Communicating with clients
  • Work Practices
  • Business Management
  • Ethics
  • Advocacy
  • OCS, Registration and Professional Development

Assessment

Assessment task 1: Participation, including online discussion, case studies and quizzes

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:

2.0, 5.0 and 6.0

Weight: 20%
Length:

1,000 words

Criteria:
  • clear and succinct written communication in a professional context
  • integrated and insightful analysis and reflections on colleagues’ and own work
  • capacity to think critically about migration practice, in particular the compliance and review process

Assessment task 2: Client Interview

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: 10%
Length:

Equivalent to 2,000 words

Criteria:
  • effective plain language communications with client
  • evidence of identification of legal and ethical issues and client’s perspectives
  • identification of relevant law
  • evidence of appropriate interview model

Assessment task 3: Internship or virtual file

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, 3.0 and 4.0

Weight: 40%
Length:

Equivalent to 3,000 words

Criteria:
  • interpret and apply migration law in professional practice
  • undertake research to underpin migration advice
  • demonstrate effective oral and written communication skills to provide advice to clients and advocate on their behalf
  • demonstrate professional drafting skills
  • demonstrate sound understanding of ethical and professional standards

Assessment task 4: Take-home exam

Objective(s):

This task addresses the following subject learning objectives:

1, 2, 3 and 5

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

2.0, 5.0 and 6.0

Weight: 30%
Criteria:
  • identify legal and ethical issues arising from problems
  • apply law and policy in accordance with facts and within an ethical framework
  • demonstrate sound understanding of ethical and professional standards
  • demonstrate an ability to work within a time frame