78013 Refugee Law and Practice

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 2025 is available in the Archives.

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

Requisite(s): 70616c Australian Constitutional Law AND 70617c Administrative 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.
Anti-requisite(s): 78285 Refugee Law and Practice

Note

To enrol in this subject students must complete an Expression of Interest (EOI) via the CareerHub form. EOIs are assessed until the cap is reached

Description

This subject introduces students to the legal principles and procedures of international refugee law and their application within a domestic context. Students learn about the historical development of refugee law in the Australian context and evaluate the key features and limitations of the current refugee status determination system in Australia. Students are exposed to the practical realities of refugee law and practice through a clinical experience, accompanied by seminar-style teaching. This practical work is supervised by UTS Law staff in conjunction with a local refugee legal organisation.

Students are given the unique opportunity to apply their academic learning to a professional context by undertaking research and drafting submissions informing real-life refugee casework. This helps deepen students' understanding of refugee law and policy and gives them a critical understanding of refugee status determination. By working on real-life refugee cases, students gain practice-based, cross-cultural skills and insights necessary for work as a refugee lawyer.

Subject learning objectives (SLOs)

1.	Demonstrate a comprehensive understanding of the key concepts, principles and procedures of international and national legal frameworks for the protection of refugees and asylum seekers with a particular focus on the United Nations Convention Relating the Status of Refugees and the 1967 Protocol and the applicability of these instruments in Australian law.
2.	Apply legal knowledge and research skills to practical refugee legal projects in a professional context.
3.	Demonstrate practical legal skills required to draft legal documents and make written submissions in the context of refugee status determination processes.
4.	Exercise ethical judgment and responsibility in relation to the practice of refugee lawyering.
5.	Reflect on learning experiences gained from working on refugee legal casework in a clinical setting, including critically evaluating the effects of legal frameworks on the lived experiences of refugees in Australia including issues of access to justice and statutory recognition of refugee rights.

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
  A coherent understanding of fundamental areas of legal knowledge including:
  a. The Australian colonial and post-colonial legal system, international and comparative contexts, theoretical and technical knowledge;
  b. The broader contexts within which legal issues arise and the law operates including cultural awareness, social justice and policy;
  c. The impact of Anglo-Australian laws on Indigenous peoples, including their historical origins in the process of colonisation and ongoing impact; and
  d. The principles and values of justice and ethical practices in lawyers' roles. (LAW.1.1)
• Ethics and Professional Responsibility
  A capacity to value and promote honesty, integrity, accountability, public service and ethical standards including:
  a. An understanding of approaches to ethical decision making and professional responsibility;
  b. An ability to recognise, reflect upon and respond to ethical issues likely to arise in professional contexts in ways that evidence professional judgment, promote justice and serve the community; and
  c. An ability to reflect on and engage constructively with diversity in practice. (LAW.2.1)
• 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)
• Collaboration
  Effective and appropriate collaboration skills in working together to achieve a common goal in a group learning environment or the workplace including:
  a. An ability to give and receive feedback;
  b. Appropriate professional and interpersonal skills in working collaboratively;
  c. A capacity to develop strategies to successfully negotiate group challenges; and
  d. An ability to be responsive and adaptive to the perspectives of collaborators, clients, counter parties and others. (LAW.6.1)

Teaching and learning strategies

Strategy 1: Preparing for professional practice in Refugee Law

By completing readings and preparatory work prior to each class, students establish a strong foundational understanding of key principles of and developments in international refugee law and their application in the Australian context. As part of this pre-class preparation, students are required to listen to two podcasts explaining the core tenets and principles of international refugee law and review sample documents connected to refugee cases that will provide students with a deeper understanding of the relevant refugee status determination procedures in Australia. Short immediate feedback exercises offer students the opportunity to test and revise their understanding of the materials..

Completing this student legal clinic preparation program allows class time to be used for more advanced forms of collaborative and practical learning. It also ensures students have sufficient time to discuss, develop and engage with solicitors from the refugee legal organisation and lecturers regarding their practical refugee casework.

Strategy 2: Exposure to the professional practice of refugee lawyering through working in conjunction with a refugee legal organisation

Students undertake practical legal work with a refugee legal organisation. This work will be primarily supervised by UTS Law lecturers with the support of solicitors from the refugee legal organisation. As part of this practical experience, students will gain an understanding of how refugee cases are run and assisting with casework including conducting legal research and drafting submissions. Student clinical work will be supported by formal Student Guidelines for work on ‘real’ refugee application cases, collated resources on legal drafting and ethical lawyering, and sample legal documents and submission intended to guide students’ clinical work.

Students reflect on the unique demands of refugee lawyering throughout the session, and critically analyse the political context that shapes refugee law and policy.

Strategy 3: Active learning through interactive seminars and class discussion in a small group format

In every class, students will be required to participate and engage with small group activities driven by discussion questions. These activities are intended to encourage students to synthesise and apply their understanding of preparatory material. Larger class discussion will drive debate and foster individual reflection on current issues of refugee law and practice.

Strategy 4: Ongoing feedback to encourage critical reflection and self-improvement

Feedback is provided throughout the session by lecturers 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 their lecturers and peers throughout the session. Formal feedback is provided by lecturers for each assessment. In particular, students will have the opportunity to receive staggered lecturer feedback on their ongoing clinical work through Assessment Task 2. Students will provide a draft of their clinical project work for review by their lecturers (Assessment Task 2A). Students will then integrate lecturer feedback into their subsequent clinical work and receive final lecturer feedback on their clinical project (Assessment Task 2B).

Subject Delivery: The subject will be delivered in an intensive mode via online podcasts and resources, collaborative seminars and clinical workshops.

Content (topics)

• Overview of international refugee law including the core international institutions, principles and procedures that determine international legal obligations towards people seeking protection.
• The historical development of international refugee law and its application and circumvention in Australia, including the use of mandatory detention, offshore processing and boat turnbacks in the Australian context.
• Who is a Refugee? Critical appraisal and interpretation of the formal legal definition.
• Institutions, processes and visa categories for refugee protection in Australia.
• Strategies and ethical standards and responsibilities pertaining to refugee advocacy.
• Clinical refugee work: doing effective legal research, making effective submissions and navigating applied legal issues, first instance refugee protection applications and administrative review under domestic law.

Assessment

Assessment task 1: Class Participation

Objective(s):	This task addresses the following subject learning objectives: 1, 2 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.2.1, LAW.5.1 and LAW.6.1
Weight:	10%
Criteria:	Evidence of preparedness for seminars Regular and active participation in seminars Informed and thoughtful contributions to class discussions Quality of oral communication skills, including clarity of expression and capacity to orally integrate evidence and argument Engagement and collaboration with peers in class and on project work Ability to seek and apply insights and feedback from class discussions

Assessment task 2: Clinical Project Work

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.1.1, LAW.2.1, LAW.5.1 and LAW.6.1
Weight:	50%
Length:	See Assessment Briefing Document for length and details on submission process.
Criteria:	Evidence of accurate, sophisticated and relevant legal research Evidence of effective legal drafting skills including clarity of legal argument, structure, coherence, grammar and syntax. Participating in collaborative group work in a committed, respectful and communicative manner. Demonstration of an understanding of the application of refugee law to the clinical project. Demonstration of an understanding of ethical and responsible lawyering, including the capacity to solve problems with maturity and professionalism. Ability to incorporate and respond to feedback

Assessment task 3: Oral Presentation

Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1, LAW.5.1 and LAW.6.1
Weight:	10%
Criteria:	Clear, effective and well-structured presentation that responds to the presentation brief Oral expression and responses are fluent, coherent and succinct. Analytical and insightful approach to work on clinical projects and refugee law and policy Capacity to critically reflect on the refugee status determination process, including professional, ethical and political aspects of the practice of refugee law and barriers to justice for refugees and asylum seekers in Australia. Oral responses to discussion questions (from assessors and peers alike) are succinct, thoughtful and relevant, and precisely targeted to the issues raised.

Assessment task 4: Critical Reflection

Objective(s):	This task addresses the following subject learning objectives: 1, 2, 3 and 5 This task contributes specifically to the development of the following graduate attributes: LAW.1.1 and LAW.2.1
Weight:	30%
Length:	1500 words (excluding references; 10% leeway)
Criteria:	Demonstrated ability to integrate new knowledge and understanding to previous knowledge and understanding; Evidence of insight into the responsibilities, principles and challenges of participation in clinical refugee work and a growing awareness of how to translate legal research skills into professional practice; Ability to identify and discuss the significance of contextual factors, including the specific practice context, to the practical operation of law; Demonstrates clear written communication skills, including clarity, structure, coherence, grammar and syntax.

Minimum requirements

This subject is run as an intensive and attendance is compulsory for all scheduled classes. Students must attend scheduled classes to be eligible to complete this subject. Appropriate evidence must be provided where failure to attend class is due to illness or misadventure.

Required texts

Readings as specified in the Subject Guide on Canvas: the majority of reading materials will be supplied electronically.

Recommended texts

There is no set textbook for this subject. Recommended and required readings are available on Canvas.