Migration Refugees and Forced Migration is designed to introduce students to one of the most fast moving and engaging areas of public law. At one level, the unit is about government regulation of the entry of persons into Australia. As such, it is a branch of applied administrative law that concerns the very make-up of our society, affecting both who we live with and how we live our lives. Statistics show that more than one in four Australians were either born overseas or had an Australian-born parent. Dramatic skills shortages have seen unprecedented rises in the number of migrants brought to Australia on temporary and permanent visas. In spite of this, controversy persists over the nature of Australia's immigration program and the extent to which the government is doing enough to control both unlawful entry and the quality of the (lawful) migrants. Issues surrounding refugees and asylum seekers are a constant preoccupation. Covering both immigration law and domestic aspects of the law of forced migration the course is also a fine vehicle for exploring issues of human rights and the interaction between domestic and international law. With Sydney receiving the lion's share of the migrants that come to Australia each year, migration law has become a growth area for both lawyers and for migration agents. By placing the current mechanisms for the controlling migration in their legal, social, historical and economic contexts, this unit provides an opportunity to explore the "big" issues raised by migration and to look at why the subject has assumed such a central role in the development of Australia's identity as a nation. The unit of study is designed to foster the following skills: a. Skills of statutory interpretation and problem-solving, through the study and use in practical situations of the Migration Act 1958 and its associated Regulations; b. Skills of legal analysis and evaluation, gained through the examination and synthesis of relevant legislation; of court decisions and of rulings by the Migration Review Tribunal; the Refugee Review Tribunal; and the Administrative Appeals Tribunal in its migration division; and c. Oral and writing skills, through class participation, simulation exercises and the preparation of a major research paper.
2x2hr seminars/wk for 10 weeks
3000wd research essay (40%) and 2hr exam (60%)
(LAWS2002 or (LAWS2010 and LAWS1021) or (LAWS5007 and LAWS5010)) and (LAWS1004 or LAWS3000 or LAWS3003 or LAWS2011 or LAWS5011)Co-requisites
(LAWS2002 or LAWS2010 or LAWS5010) and (LAWS1018 or LAWS2005 or LAWS1023 or LAWS5005)Prohibitions
LAWS3045 or LAWS3458 or LAWS5158 or LAWS3453 or LAWS5153 or LAWS5199