Course overview
This course examines migration and refugee law in theory and practice drawing upon the international and Australian legal frameworks that govern migration. It provides students with an understanding of the dynamic and complex regulation of the activity of migration and the rights and protections afforded the migrant and refugee, under international law and Australian domestic law. It invites students to critically reflect on the nature of immigration, asylum and refugee law; to develop research skills in international laws impacting migration, including international human rights law. It develops the capacity to critically analyse Australia's immigration policy, the recognition of our international obligations, national security and irregular migration to Australia by sea; immigration offences; refugee protection and administrative justice. Content includes: The international legal framework of migration; The international concepts of nationality, citizenship and statelessness; The asylum seeker and refugee under international law; The Rights of the migrant; History and development of immigration policy in Australia; The Australian visa system; Australian immigration decision-making and review; Current issues: including migrant smuggling and human trafficking; climate migration.
Course learning outcomes
- Develop a sound understanding of the international legal framework of migration.
- Examine Australia's immigration policy and its application to contemporary practices, including with respect to irregular migration to Australia; immigration detention; refugees and administrative justice.
- Describe, explain and critically reflect on Australia's engagement with its international and domestic legal obligations with respect to migration.