78301 Australia's Visa System
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 2021 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): 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))
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.
Description
This subject introduces students to Australia's visa system and provides an overview of all visa classes and subclasses. The subject considers the Code of Procedure set out in the Migration Act 1958 for dealing with visa applications to familiarise students with core requirements such as communication between the Minister and visa applicants, and when adverse information must be disclosed to a visa applicant. The subject covers notification methods and deemed receipt, together with other general concepts that are common to all or many visa classes, to provide a framework for understanding the important Schedules to the Migration Regulations 1994 that set out the criteria visa applicants must meet and the conditions that must or may be imposed when a visa is granted.
Students develop knowledge and analytical skills through problem-solving activities that mirror the legal and factual issues that arise in migration practice. In particular students learn, practise and receive feedback on the problem-solving skills necessary to apply the relevant validity and eligibility criteria to a client's circumstances in order to identify and advise on appropriate visa pathways.
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 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.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Interpret and apply an integrated and critical 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 integrated 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 colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
* The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
* The principles and values of justice and ethical practices in lawyers’ roles;
* The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
* Contemporary developments in law and its professional practice. (1.1) - Research Skills
Specialist cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues including an ability to:
* Demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions; and
* Apply ethical research practices. (4.1) - Communication
Well-developed professional and appropriate communication skills including:
* Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
* An ability to inform, analyse, report and persuade;
* An ability to strategically select an appropriate medium and message;
* A cognisance of advanced communication technologies and willingness to adopt where appropriate; and
* An ability to respond respectfully. (5.1) - Collaboration
Advanced and integrated collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
* An ability to give and receive feedback;
* Appropriate professional and interpersonal skills in working collaboratively; and
* A capacity to develop strategies to successfully negotiate group challenges. (6.1)
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 – Learning through discussion and problem solving
The ability to solve problems is an essential skill for an adviser and practitioner. Problem solving involves interpreting and analysing legislation and cases, and applying the legislation, relevant policy and principles, developed through the case law, to novel and difficult factual situations. All students participate in, and receive feedback on, problem-solving exercises.
Each week students engage in online discussion on the issues and problems that arise in the readings and/or provided factual scenarios. This allows students to improve their skills of professional written communication as well as their ability to construct reasoned arguments and offer viable solutions to the problems of hypothetical clients. This mirrors the experience of working in a migration practice. Indeed, all problem solving and assessment in this subject is designed to comply with the Occupational Competency Standards for Migration Agents.
Strategy 3 – Applying research skills to build on 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 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 4 – Ongoing Feedback
Detailed guidance as to the assessment criteria and the provision of timely feedback are an important part of the learning process. A Marking Matrix sets out the criteria and the level of competence required to achieve each grade (Fail, Pass, Credit, Distinction, High Distinction). Students will be given individual feedback on each assessable Practice File task.
Formative feedback on problem-solving skills applied in the online Discussion Forums is provided by the teacher. Before the assessable Practice File tasks are due (Assessment task 2 and 3), students undertake non-assessable Practice Files Tasks and other practical exercises and activities. Students also gain guidance from considering the approaches of their peers, which can then be put into practice in the Practice File. Feedback on the assessable Practice File tasks will also relate to general skills (such as critical analysis, research and expression).
Subject delivery
This subject is delivered in an interactive online mode through the University’s virtual learning platform Canvas. Webinars support the online delivery. Students are welcome to attend campus for the Optional On-Campus Workshop in Workshop Week.
Content (topics)
- Overview of Australia’s Visa System and Common Concepts in Migration Law
- Making a Valid Visa Application
- Making a Successful Visa Application
- Citizenship
- Oral skills workshop
- Practice File
Assessment
Assessment task 1: Participation (including Module quizzes)
| Intent: | This assessment task requires students to self-manage their learning by participating in various formative activities designed to provide the opportunity to apply their skills and knowledge to practical migrated-related scenarios. |
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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: 1.1, 4.1, 5.1 and 6.1 |
| Weight: | 30% |
| Length: | 2,000 words (notional) |
| Criteria: |
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Assessment task 2: Practice File 3 (Written and Oral Component)
| 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: 1.1 and 5.1 |
| Weight: | 50% |
| Length: | Written component: 1000 words, Oral component: 1000 words (notional) |
| Criteria: | Assessment Criteria for written component
Assessment Criteria for oral component
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Assessment task 3: Practice File 4
| Intent: | This is the final task in the Practice File designed to provide students with real-world immersion as migration advisors. |
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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: 1.1 and 5.1 |
| Weight: | 20% |
| Length: | 1000 words (notional) |
| 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