78304 Compliance and Review of Visa Decisions
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
Requisite(s): 78300 Introduction to Migration Law AND 78301 Australia's Visa System AND 78302 Bridging Visas, Work Visas and Study Visas AND 78303c Family Visas, Refugee and Humanitarian Visas, and Miscellaneous Visas
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
There are course requisites for this subject. See access conditions.
Description
This subject is delivered online. It contributes to the overall course objectives by introducing students to the role of the Department of Home Affairs (DHA) in enforcing compliance with Australia's migration laws, offences under the Migration Act 1958, and DHA's compliance powers including visa refusal and cancellation, removal, deportation, exclusion periods, search and seizure, employer monitoring, and sanctions. The subject also covers options following refusals or cancellations including revocation applications, merits review, judicial review and the Minister for Immigration's personal intervention powers. Submission writing is a vital skill in these areas and how to prepare effective and persuasive submissions is a focus.
This subject is aligned with the Occupational Competency Standards for Migration Agents. The nine standards set out the knowledge, skills and professionalism required for practice as a migration agent. This subject meets the following six standards.
- Standard 1 – Make preliminary contact with potential client
- Standard 2 – Agree on a course of action based on a detailed knowledge of relevant legislation and government policy and in accordance with the ethical principles and the Code of Conduct
- Standard 3 – Prepare, review and lodge applications or appeals based on a detailed knowledge of relevant legislation and government policy and in accordance with ethical principles and the Code of Conduct
- 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 ethical principles and the Code of Conduct.
- Standard 5 – Monitor progress of cases based on a detailed knowledge of relevant legislation and government policy and in accordance with ethical principles and the Code of Conduct
- Standard 6 – Finalise matters in accordance with ethical principles and the Code of Conduct
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Interpret and apply an integrated understanding of migration law in professional practice |
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| 2. | Undertake research to develop synthesised and critical understanding of legal knowledge to underpin migration advice |
| 3. | Develop an integrated 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:
- Legal Knowledge
a. A specialised understanding of the application of a complex body of legal knowledge within the context of migration practice in the Australian legal system, the principles and values of ethical practice, and contemporary developments in migration law and its professional practice.
b. Demonstrate adherence with the Occupational Competency Standards for Registered Migration Agents as determined by the Office of Migration Agents Registration Authority (OMARA). (1.1) - Critical Analysis and Evaluation
a. A capacity to think critically, strategically and creatively, including an ability to identify and articulate complex legal issues, apply reasoning and research to generate appropriate theoretical and practical responses, and demonstrate sophisticated cognitive and creative skills in approaching complex legal issues and generating appropriate responses.
b. Identify, synthesise and articulate complex legal and technical issues and apply analytical skills to identify innovation and generate clear, succinct and novel responses. (3.1) - Research skills
a. Well-developed cognitive and practical skills necessary to identify, research, evaluate and synthesise relevant factual, legal and policy issues and demonstrate intellectual and practical skills necessary to justify and interpret theoretical propositions, legal methodologies, conclusions and professional decisions.
b. Research, identify and evaluate technical information, legal judgments and issues to interpret, justify, or critique propositions, conclusions and professional decisions that are underpinned by ethical research practices. (4.1) - Communication
a. Appropriate professional communication skills including highly effective use of the English language, an ability to inform, analyse, report and persuade using an appropriate medium and message and an ability to respond respectfully.
b. Communicate accurately and appropriately with multidisciplinary audiences in a range of specialised formats, including productive collaboration with professional teams and clients. (5.1) - 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
Students build on the earlier subjects in this course where they are introduced to learning for professional migration practice, in particular Australia’s complex visa system. Through their weekly preparation for discussion groups and tasks using the specific resources, students build on their preparation and self-directed learning in online discussions groups and discussion boards. Teachers provide feedback that is relevant to professional practice through online groups and exemplars of best practice. Regular quizzes and the practice file provide students with a learning environment to understand and apply the appropriate process for compliance and review of visas.
Strategy 2 Applying research skills to build critical analysis
Students undertake independent research relevant to the online discussions and the practice file. Analysis of legislation and policy are important skills for migration agents and are critical to understanding and applying the complex visa system to individual clients. Students build on their research skills, developed in earlier subjects and throughout this subject, through regular tasks with increasingly complex facts. This development of research capacity enables students to apply their knowledge and research skills to the client’s instructions in the practice file.
Strategy 3 Learning through case scenarios
The ability to solve problems is a core skill for a migration agent. Essential for effective problem solving is an understanding of migration compliance law and policy and a capacity to identify the options for review. Problem-solving through discussion using case studies enables students to test their learning and capacity to understand the principles of judicial review in order to deliver appropriate advice. 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 critical in migration law and practice. Receiving feedback allows students to deepen their reflective skills and to apply good time management methods to integrate feedback. Through weekly exercises and the conduct of the practice file, students will monitor their development as effective professionals.
Content (topics)
- Immigration Compliance Powers
- Visa Cancellation
- Merits Review of Migration Decisions
- Other Avenues of Review
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 this subject. |
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| 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: 1.1, 3.1, 4.1, 5.1 and 8.1 |
| Weight: | 40% |
| Length: | Notional length 2500 words |
| Criteria: |
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Assessment task 2: Online Oral Exam
| 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. |
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| 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: 1.1, 3.1, 4.1, 5.1 and 8.1 |
| Weight: | 30% |
| Length: | 1000 words (notional) |
| Criteria: |
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Assessment task 3: Online Written Exam
| Intent: | This assessment task provides students with the opportunity to test their understanding of the principles, laws, policy and procedures that apply to migration law in Australia. |
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| 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: 1.1, 3.1, 4.1, 5.1 and 8.1 |
| Weight: | 30% |
| Length: | 1500 words (notional) |
| Criteria: |
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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 Study 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