78305 Migration Law in 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.
Credit points: 6 cp
Result type: Grade and marks
Requisite(s): 78304c Compliance and Review of Visa Decisions
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 final migration law subject contributes to the overall course objectives by focusing on best practice to provide competent and ethical migration advice and services. Focusing on the requirements for setting up a professional practice, and as a capstone subject, students have practical opportunities to apply the knowledge gained through the earlier subjects. Students are offered the opportunity to undertake an internship under the supervision of a registered migration agent with at least two years' experience, or to manage a client file from the taking of initial instructions to file closure following visa grant including all relevant documentation and ensuring compliance with Code of Conduct requirements.
This subject is aligned with the Occupational Competency Standards for Migration Agents that set out the knowledge, skills and professionalism required of an Australian migration agent. This capstone subject meets all nine 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
- Standard 7 – Identify and undertake an ongoing professional development plan
- Standard 8 – Establish a practice in accordance with ethical principles, the Code of Conduct and compliant with relevant legislation
- Standard 9 – Manage a practice in accordance with ethical principles, the Code of Conduct and compliant with relevant legislation.
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 and synthesise research to develop an 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. | Manage as self-directed, independent, ethical 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
In this capstone subject, students bring together their knowledge and skills developed in the earlier subjects in this course. The weekly interactive activities and online discussions on Canvas provide a forum for students to take on the role of a professional migration agent. Working with LEGENDcom database and Migration Manager, students engage in the weekly discussion groups at an advanced, professional level. Teachers provide feedback that is relevant to professional practice through the discussion groups and with exemplars of best practice. An internship or the management of a virtual file, enhanced by contributions from professional agents, provides students with a sound overview of the practice of a migration agent.
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 will be provided with a Weekly Checklist on Canvas setting out the work to be completed each week. Students optimise their self-directed learning in discussion groups and the online discussion board to align with the management and self-regulation of professional 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, weekly study requirements and assessment due dates. As a capstone subject, students build on earlier learning, reflection, assessment tasks and feedback to transition into client-centred practice. The ability to effectively engage with a client includes independent decision-making, self-directed work and self-management.
Strategy 3 – Problem solving in an ethical context
The ability to solve problems is a core skill for a migration agent. Essential for effective problem solving is an understanding of best practice principles and a capacity to identify and resolve ethical challenges that may arise in the problem-solving process and in professional practice. Problem-solving exercises and the practice file enable students to test their learning and develop an ethical and reflective framework for sustained decision making. This framework can be further strengthened through peer and teacher feedback and self-reflection from earlier subjects and on an ongoing basis during the teaching period. All problem solving and assessment in this subject is designed to comply with the Occupational Competency Standards for Migration Agents.
Strategy 4 – Communication and collaboration
Activities for developing advanced communication skills are practised in a professional context through online activities and the practice file. These activities simulate professional practice which will assist students in their careers. Tasks for developing advanced written communication skills include drafting letters and file notes. Tasks for developing advanced oral communication skills are interview and client advocacy exercises. Peer and teacher feedback is given during the practice activities to enable students to reflect on and apply feedback to assessed tasks.
Students learn collaboratively in the workshops and online groups through peer feedback and discussion. The enhancement of communication and collaboration skills is core to the effective completion of either an internship or the management of a virtual file.
Strategy 5 – 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 learning activities. 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 online discussion with peers and the teacher.
Content (topics)
- Starting a Migration Practice
- Client Service Delivery
- Advocacy and Submission Writing
- Ethics
- Capstone Assessment Preparation (optional)
- Oral skills workshop and Extension activities
Assessment
Assessment task 1: Participation
| 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 |
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| Weight: | 40% |
| Length: | 2500 words (equivalent) |
| Criteria: |
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Assessment task 2: Oral Exam
| Intent: | The Oral Exam is an opportunity for students to showcase the skills and knowledge they have learned in the program. |
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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: 2.1, 6.1, 7.1 and 8.1 |
| Weight: | 30% |
| Length: | 1,000 words (notional) |
| Criteria: |
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Assessment task 3: Approved Internship
| Intent: | The Approved Internship and the Client File are designed to provide students with real-world immersion as migration advisors and the opportunity to put the skills and knowledge learned in the Program into practice. |
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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: 2.1, 6.1, 7.1 and 8.1 |
| Weight: | 30% |
| Length: | 1,500 words |
| Criteria: |
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Required texts
There are no required texts for the program because migration law changes quickly and often and text books can be out of date before they are even published. Instead students are provided with text and resources for each Module that can be downloaded. Study Guides are available at the end of the four learning modules 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