78300 Introduction to Migration 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 2025 is available in the Archives.
Credit points: 6 cp
Result type: Grade and marks
There are course requisites for this subject. See access conditions.
Description
This subject is delivered online. It is the first subject in the Graduate Diploma of Migration Law and Practice (C06122). Students are introduced to the required knowledge to understand migration legislation in the context of Australia's legal system, as well as the ethical obligations applicable to a professional migration advisor. Students learn and practise the application of knowledge through the development of skills and reflection in preparation for professional practice as a migration agent. The subject aims to equip students with the skills needed to communicate with clients and key stakeholders, research relevant law, and self-regulate their professional work. Commencing with a brief history of migration law and policy, students develop an awareness of the role of migration agents in Australia.
Working with the LEGENDcom database, developed, maintained and used by the Department of Home Affairs ('the department'), students learn to apply migration law and policy to practical scenarios. 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. This real-world context also allows students to develop an ethical framework for problem solving and decision making.
This subject is aligned with the Occupational Competency Standards for Migration Agents. The nine standards set out the knowledge, skills and professionalism required of an Australian migration agent. This subject meets the following three standards:
- Standard 1 – Make preliminary contact with potential client
- 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 legal requirements and ethical principles
- Standard 6 – Finalise matters in accordance with legal requirements and ethical principles.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Interpret and apply migration law in professional practice |
|---|---|
| 2. | Undertake and synthesise research to underpin migration advice |
| 3. | Develop an 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:
- Ethics and Professional Responsibility
a. An advanced capacity to value and promote honesty, integrity, cultural respect, accountability, public service and ethical standards, including an understanding of approaches to ethical decision-making, the rules of professional responsibility, an ability to reflect upon and respond to ethical challenges in practice and to exercise professional judgment.
b. Recognise, reflect upon and respond with professional judgment to ethical and professional responsibility issues that arise in migration law and practice. (2.1) - Collaboration
a. Advanced collaboration skills, including effective team work to achieve a common goal in a group learning environment or the workplace.
b. Take responsibility to give feedback and to respond to feedback in a professional context, to work effectively with colleagues and other stakeholders and to resolve challenges through effective negotiation. (6.1) - Indigenous Professional Capability
a. A well-developed understanding of Indigenous perspectives informed by a commitment to build Indigenous professional capability, to work for and with Indigenous peoples.
b. Identify and challenge the deficit narratives and biases of Anglo-Australian laws towards Indigenous Australians, particularly in relation to access to the law. (7.1) - Self-management
a. A high level of autonomy, accountability and professionalism, the ability to implement appropriate self-management and lifelong learning strategies including initiating self-directed work and learning, judgment and responsibility, self-assessment of skills, personal wellbeing and appropriate use of feedback, and a capacity to adapt to and embrace change.
b. Evaluate and implement their own professional development and incorporate personal skills in order to work with autonomy as a responsible and adaptable professional. (8.1)
Teaching and learning strategies
Strategy 1 - Preparing for professional practice through interactive activities, a client file and group discussion
Students are introduced to migration law and practice from the perspective of a professional preparing to enter the area of migration practice. As the introductory subject in the Graduate Diploma, students are guided through online learning with weekly interactive activities. These activities align with professional practice and include a component for preparation, followed by participation and feedback. Using targeted resources, such as the LEGENDcom database, students engage in weekly discussion groups. Students build on their preparation and self-directed learning in these discussion groups and the online discussion board. Teachers provide feedback that is relevant to professional practice through the discussion groups and with exemplars of best practice. Regular quizzes and the client file, enhanced by contributions from professional agents, provide students with a sound introduction to the practice of a migration advisor.
Strategy 2 - Independent and self-directed learning
Independent and self-directed learning reflects the requirements of professional practice. Self-management is a core attribute for professional practice, particularly in the complex and changing area of migration law and practice.
Students’ capacity to understand the framework of migration law and manage online learning is assisted by good time management with incremental learning of content and weekly study requirements. As an introductory subject, students will learn, practise and receive feedback on professionalism, including client-centred practice. The ability to effectively engage with a client includes independent decision making, self-directed work and self-management.
Strategy 3 - Practical problem solving in an ethical context
The ability to solve problems is a core skill for a migration advisor. Essential for effective problem solving is an understanding of migration law and policy and a capacity to identify and resolve ethical challenges that may arise in the problem-solving process. Problem-solving exercises and the client file enable students to test their learning and develop an ethical and reflective framework for decision making. This framework can be further strengthened through self, peer and teacher feedback on an ongoing basis during the teaching period.
Strategy 4 - Critical reflection and feedback
The ability to be a self-directed professional who has the capacity to critically reflect on their work is an essential attribute in migration law and practice. Receiving feedback allows students to deepen their reflective skills and to apply good time management methods to integrate feedback. Using the targeted feedback points during the session, including early feedback, enables students to monitor their development as effective professionals. Subject resources, including prescribed readings, web-based information, exercises and assessment tasks, and the conduct of the client file provide learning opportunities for students to reflect on their understanding of the legal and ethical requirements of professional practice.
Content (topics)
- Overview of Australia’s Migration Law
- The Role of the Courts
- Communication Skills
- Regulation of the Migration Advice Profession
- Client File – written component
- Oral component preparation
- Client File – oral component
Assessment
Assessment task 1: Low Stakes Tasks
| Intent: | This assessment task provides you with the opportunity to test your understanding of the principles, laws and issues affecting migration law in Australia and to receive ongoing formative feedback. These low stakes formative assessments allow you to assess your progress throughout the subject. |
|---|---|
| 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: 2.1, 6.1, 7.1 and 8.1 |
| Weight: | 40% |
| Length: | 3,000 words (notional) |
| Criteria: |
|
Assessment task 2: Client File 2 - written component
| Intent: | This task is designed to provide you with real-world immersion as a migration advisor. You will practise and receive feedback on your professionalism, capacity to manage a client’s needs and interests, and ability to recognise and resolve ethical challenges. |
|---|---|
| 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: 2.1, 6.1, 7.1 and 8.1 |
| Weight: | 30% |
| Length: | 1500 words |
| Criteria: |
All answers are expressed clearly and logically in plain language and referenced with appropriate and accurate citation. |
Assessment task 3: Client File 2 - oral component
| Intent: | This task is designed to provide you with real-world immersion as a migration advisor. You will practise and receive feedback on your professionalism, capacity to manage a client’s needs and interests, and ability to recognise and resolve ethical challenges. |
|---|---|
| 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: 2.1, 6.1, 7.1 and 8.1 |
| Weight: | 30% |
| Length: | Oral component: 1000 words (notional) |
| Criteria: |
All answers are expressed clearly and logically in plain language and referenced with appropriate and accurate citation. |
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 Revision Guide will be available for revision purposes.
Recommended texts
Please be aware that some references may become out of date quickly:
Australian Immigration Companion, 9th edition, Fernandez, R; Gerkens, M; Yau, D; Ozyurek, S; Kenny, J, 2021