University of Technology Sydney

76048 Citizenship and Immigration Law

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 2024 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): ( 70617 Administrative Law OR ((70108c Public International Law OR 76006c Public International Law OR 76110c Introduction to Public International Law) AND 70110 Introduction to Law) 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 70106c Principles of Public International Law AND 70107c Principles of Company Law) 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))
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.

Description

Migration and citizenship policies have long provoked controversy. This subject examines Australian immigration law and policy from a variety of perspectives – contemporary and historical, substantive and procedural, statutory and regulatory and constitutional – including the criteria for admission to Australia as a permanent resident or a temporary migrant or the acquisition of citizenship, the grounds for exclusion or removal and the role of the courts in ensuring the legality of official action. There is also a focus on laws and policies that relate to those seeking asylum in Australia. The core issues at stake in this subject – the boundaries of political membership and debates about asylum, just treatment of non-citizens and population policies – have long played and continue to play a significant role in many areas of the law and present fundamental challenges to Australia.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. Research, understand and apply relevant statutes and case law in the area of migration law;
2. Critically analyse the relevant principles of constitutional, statutory and common law;
3. Strategically apply legal principles to research questions and problem solving;
4. Effectively and persuasively communicate in writing issues in citizenship and immigration law.

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:

  • Critical Analysis and Evaluation
    A capacity to think critically, strategically and creatively, including the ability to:
    a. Identify and articulate legal issues in context, including the skill of critical reading and writing;
    b. Apply reasoning and research to generate appropriate responses;
    c. Engage in critical analysis and make a reasoned choice amongst alternatives; and
    d. Think creatively in approaching legal issues and generating appropriate responses. (LAW.3.1)
  • Research skills
    Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues. (LAW.4.1)
  • Communication
    Effective and appropriate communication skills including:
    a. Highly effective use of the English language to convey legal ideas and views to different and diverse audiences and environments;
    b. An ability to communicate to inform, analyse, report and persuade;
    c. An ability to strategically select an appropriate medium and message;
    d. An ability to assess how messages are received and alter communication strategies accordingly; and
    e. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.5.1)

Teaching and learning strategies

Strategy 1: Preparation to enable active learning

Preparation is essential to providing a foundational knowledge framework so complex issues and live controversies can be addressed during face to face classes. Students are required to actively read all set materials, making notes and responding to any set discussion questions ahead of each class. Sufficient preparation enables students to engage with material at a high-tier tertiary level required of an advanced law subject.

Strategy 2: Learning through engagement via lectures and discussion questions

Lectures also provide critical foundational content to facilitate effective student engagement with complex issues. Students are required to come to lectures having read key cases and prescribed research materials. Discussion questions enable students to deepen their understanding of citizenship and immigration law. Students obtain a sophisticated level of knowledge of a specific area of citizenship and immigration law by completing a research paper.

Strategy 3: Communication of complex ideas via oral presentation and peer engagement

Communicating complex ideas via an oral presentation allows students to synthesise key issues in citizenship and immigration law. Students can clarify points and test their understanding of the subject via creative oral presentations which facilitates peer engagement.

Strategy 4: Feedback to encourage critical reflection and self-improvement

Feedback is provided throughout the session by teachers and peers. Feedback comes in a number of forms, including responses to completed preparatory questions and discussion during class. Students are also encouraged to deepen their understanding of subject content by posing questions to teachers and peers throughout the session. Formal feedback is provided by teachers for each assessment. Informal feedback is provided via in class and online discussion with peers and the teacher.

Subject Delivery: All teaching is conducted through seminars combining lecture material, film, class discussion and debates.

Content (topics)

  • Introduction to Course.
  • Historical and current strategies in government selection of migrants for entry to Australia.
  • Australian migration legislation: The Migration Act and Migration Regulations.
  • The operation of the visa system.
  • Public interest criteria: health and character.
  • Refugees and Humanitarian visas.
  • Immigration detention and refugee processing.
  • The major permanent visa programs and temporary entry visas.
  • Visa refusal, cancellation, removal.
  • The role of discretion in the migration jurisdiction, and merits and judicial review.
  • Acquisition, conferral, resumption and revocation of Australian Citizenship.
  • Trafficking and slavery.

Assessment

Assessment task 1: Short Critical Analysis Assignment

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:

LAW.3.1, LAW.4.1 and LAW.5.1

Weight: 30%
Length:

700 words
Criteria:
  • Correct interpretation and application of relevant legislation, case law and policy
  • Critical engagement with law, policy, academic literature and media coverage and other commentary
  • Presentation / written expression (including correct spelling and grammar and correct referencing)

Assessment task 2: Research Essay

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:

LAW.3.1, LAW.4.1 and LAW.5.1

Weight: 60%
Length:

2,500 words. Students are allowed a 10% leeway either side of 2,500 words. Candidates who exceed the upper word limit will be penalised one mark for every fifty words in excess of the limit. Word limits do not include footnotes or the bibliography, unless the footnotes include discursive material rather than mere citation details. Footnotes and bibliography are assessable components of the assignment.
Criteria:
  • Identification, interpretation and application of relevant legislation, case law and policy
  • Critical analysis (identifying and evaluating relevant legal and factual issues)
  • Research (digesting and analysing subject readings as well as finding and analysing further literature and commentary through independent research)
  • Development of a coherent argument through the paper (articulating and assessing strong and weak arguments and arrive at a reasoned conclusion)
  • Presentation / written expression (including correct spelling and grammar and correct referencing)

Assessment task 3: Seminar Participation

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:

LAW.3.1, LAW.4.1 and LAW.5.1

Weight: 10%
Length:

500 words (notional)
Criteria:
  • Coming to class prepared with relevant contributions which evidence prior reading/preparation (SLO 1, 2; GA 4)
  • Consistent high quality contributions to small group discussion (SLO 3, 4; GA 5)
  • The ability to verbally express ideas in an orderly, clear, logical and succinct manner. (SLO 1, 2, 4; GA 5)
  • The ability to deal with questions, counter arguments and interjections, and promote and/or participate in discussion. (SLO 2, 4; GA 3, 5)

Required texts

There are no required texts for this subject. Readings will be available on Canvas.

References

Australian Immigration Law, published by LexisNexis and available online through the library databases. This database includes key immigration and citizenship legislation, case-notes, Department of Immigration policy and procedures and Ministerial directions.

Other resources

Websites


Legislation, cases, review tribunals & judicial review Austlil: Australasian Legal Information Institute

Review Tribunals and Judicial review Administrative Appeals Tribunal

Human Rights