78303 Family Visas, Refugee and Humanitarian Visas, and Miscellaneous Visas
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): 78300 Introduction to Migration Law AND 78301 Australia's Visa System
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 specific requirements and procedures that apply to the granting of family visas, refugee and humanitarian visas and other miscellaneous visas such as visitor visas and return resident visas.
Building on the knowledge of the earlier subject, 78301 Australia's Visa System, students deepen their understanding of migration law and practice, and learn the skills needed to communicate with clients and key stakeholders, research relevant law, and advocate effectively. Students develop an understanding of the required knowledge of the migration legislation and where it fits with Australia's legal system, as well as the ethical obligations applicable to a professional migration advisor.
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. Problem-solving skills are core to being an effective migration professional. Students engage with the work of migration agents in advising clients on the complexities of specific visas through the conduct of a matter and the management of a client file.
This subject is aligned with the Occupational Competency Standards for Migration Agents. The competency 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 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) - Critical Analysis and Evaluation
A capacity to think critically, strategically and creatively, including an ability to:
* Identify and articulate complex legal issues in context, including the skill of critical reading and writing;
* 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. (3.1) - 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)
Teaching and learning strategies
Strategy 1 – Preparing for professional practice
Students build on the foundational subjects in this course where they are introduced to learning for professional migration practice. This subject and the subject on family, refugee and humanitarian visas builds on the capacity for migration agents to interpret complex legislation and policy in order to advise, and advocate for, clients.
Through 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 the learning environment to understand and apply the visa system and process.
Strategy 2 – 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 synthesise and apply their knowledge and research skills to the client’s instructions in the practice file.
Strategy 3 – Learning through problem solving
The ability to solve problems is a core skill for a migration agent. Essential for effective problem solving is an understanding of migration law and policy and a capacity to identify the relevant visa and its implications. Problem-solving exercises and the practice file enable students to test their learning and research capacity to deliver an appropriate outcome for the client. This framework is further strengthened through self, peer and teacher feedback on an ongoing basis during the teaching period. Indeed, all problem solving and assessment in this subject is designed to comply with the Occupational Competency Standards for Migration Agents.
Strategy 4 – Critical reflection, feedback and self-management
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 peer and teacher feedback allows students to deepen their reflective skills and to apply good time management methods to integrate feedback. Students will receive formative feedback throughout the session. Students can ask questions on Canvas to receive timely feedback from peers and/or the teacher throughout the session. Peer assessment will also provide students with an opportunity to critically evaluate their own development. Through weekly exercises and the conduct of the practice file, students will monitor their development as effective professionals.
Content (topics)
- Family visas
- Refugee and Humanitarian visas
- Resident Return visas
- Miscellaneous visas (including Visitor visas)
- Oral skills workshop
- Practice File
Assessment
Assessment task 1: Participation
| 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, 3.1, 4.1 and 5.1 |
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| Weight: | 20% |
| Length: | 1500 words (notional) |
| Criteria: |
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Assessment task 2: Practice File Task 3 written component (25%) and oral component (30%)
| 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, 3.1, 4.1 and 5.1 |
| Weight: | 55% |
| Length: | Written component: 1250 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 and 4 This task contributes specifically to the development of the following graduate attributes: 1.1, 3.1, 4.1 and 5.1 |
| Weight: | 25% |
| Length: | 1250 words |
| 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