78304 Compliance and Review of Visa Decisions
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 2020 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 78303c Family Visas, Refugee and Humanitarian Visas, and Miscellaneous Visas
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Description
This subject is delivered online. It contributes to the overall course objectives by introducing students to the role of the Department of Home Affairs (DHA) in enforcing compliance with Australia's migration laws, offences under the Migration Act 1958, and DHA's compliance powers including visa refusal and cancellation, removal, deportation, exclusion periods, search and seizure, employer monitoring, and sanctions. The subject also covers options following refusals or cancellations including revocation applications, merits review, judicial review and the Minister for Immigration's personal intervention powers. Submission writing is a vital skill in these areas and how to prepare effective and persuasive submissions is a focus.
This subject is aligned with the Occupational Competency Standards for Migration Agents. The nine standards set out the knowledge, skills and professionalism required for practice as a migration agent. This subject meets the following six 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 the department 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
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Interpret and apply an integrated understanding of migration law in professional practice |
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| 2. | Undertake research to develop a synthesised and critical understanding of legal knowledge 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 ethical and professional advice to clients and advocate on their behalf |
| 5. | Develop strategies to 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) - 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
Students build on the earlier subjects in this course where they are introduced to learning for professional migration practice, in particular Australia’s complex visa system. Through their weekly preparation for discussion groups and tasks using the specific resources, students build on their preparation and self-directed learning in online discussions groups and discussion boards. Teachers provide feedback that is relevant to professional practice through online groups and exemplars of best practice. Regular quizzes and the practice file provide students with a learning environment to understand and apply the appropriate process for compliance and review of visas.
Strategy 2 Applying research skills to build critical analysis
Students undertake independent research relevant to the online discussions and the practice file. Analysis of legislation and policy are important skills for migration agents and are critical to understanding and applying the complex visa system to individual clients. Students build on their research skills, developed in earlier subjects and throughout this subject, through regular tasks with increasingly complex facts. This development of research capacity enables students to apply their knowledge and research skills to the client’s instructions in the practice file.
Strategy 3 Learning through case scenarios
The ability to solve problems is a core skill for a migration agent. Essential for effective problem solving is an understanding of migration compliance law and policy and a capacity to identify the options for review. Problem-solving through discussion using case studies enables students to test their learning and capacity to understand the principles of judicial review in order to deliver appropriate advice. 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 critical in migration law and practice. Receiving feedback allows students to deepen their reflective skills and to apply good time management methods to integrate feedback. Through weekly exercises and the conduct of the practice file, students will monitor their development as effective professionals.
Content (topics)
- Immigration Compliance Powers
- Visa Cancellation
- Merits Review of Migration Decisions
- Other Avenues of Review
Assessment
Assessment task 1: Participation
| Objective(s): | This task addresses the following subject learning objectives: 5 This task contributes specifically to the development of the following graduate attributes: 1.0, 2.0 and 4.0 |
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| Weight: | 10% |
| Length: | 1,000 words (notional) |
| Criteria: |
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Assessment task 2: 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. This is a ‘low stakes’ assessment aimed to allow students to assess their progress throughout the subject. |
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| Weight: | 10% |
| Length: | 1000 words (notional) |
| Criteria: | Evidence of understanding of migration legislation, policy and ethics obligations. |
Assessment task 3: Practice File
| Intent: | This task is designed to provide students with real-world immersion as migration advisors. 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: | 40% |
| Length: | 2,000 words |
| Criteria: |
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Assessment task 4: Exam
| 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 |
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| Weight: | 40% |
| Length: | 2000 words (equivalent) |
| Criteria: |
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Required texts
There are no required texts for the program because migration law changes often and text books can become out of date quickly. Instead students are provided with text and resources for each Module that can be downloaded. A Study Guide will be available for revision purposes.
Recommended texts
Please be aware that some references may become out of date quickly:
Australian Immigration Companion, 8th edition, Gerkens, M; Fernandez, R; Yau, D; Ozyurek, S; Kenny, J, 2018