Course coordinator
Professor Peter Billings
Please email me to arrange a consultation time that is mutually convenient, I have no set consultation times.
Course overview
- Study period
- Semester 2, 2024 (22/07/2024 - 18/11/2024)
- Study level
- Undergraduate
- Location
- St Lucia
- Attendance mode
- In Person
- Units
- 2
- Administrative campus
- St Lucia
- Coordinating unit
- Law School
Immigration and Refugee Law examines the legal and regulatory framework under which persons are permitted to migrate to Australia. It examines the various migration programs (Family, Skilled, Refugee) as well as the ability of the courts to review migration decisions.
This course examines Australian immigration and refugee law in theory and practice, and draws on contextual (historical and political) and comparative perspectives. Accordingly, the approach taken is best described as 'socio-legal', there is also careful consideration of relevant jurisprudence, legislation and international treaty provisions where appropriate.
To begin the course focuses on the history of immigration controls in Australia (pre- and post-Federation),ﾠit provides an overview of the main visa categories and the generic entry requirements applicable to all visa-subclasses (notably health and character checks), it critically examines contemporary (and challenging) law and policy issues including; irregular migration to Australia by sea; offshore processing of asylum seekers, and use of immigration detention. The course concludes by carefully examining international law's construction ofﾠa 'refugee' and the domestic law regime governing both refugee protection and 'complementary protection'.
Course requirements
Assumed background
This course assumes students have studied Principles of Public Law, Constitutional Law and Administrative Law. Students who have not studied these subjects should note that aspects of these courses areﾠbuiltﾠupon and developedﾠin LAWS5202, therefore, students are cautioned against enrolling in Immigration and Refugee Law until they have completed the core public law courses. Visiting students from overseas are discouraged from taking this course due to the assumed knowledge outlined above.
Prerequisites
You'll need to complete the following courses before enrolling in this one:
LAWS1116 or 3700
Incompatible
You can't enrol in this course if you've already completed the following:
LAWS7202
Restrictions
LLB(Hons)(#64), LLB(Hons)(#48), LLB, LLB (Graduate Entry), LLB(Hons) duals and LLB dual programs.
Course contact
Course staff
Lecturer
Professor Peter Billings
Timetable
The timetable for this course is available on the UQ Public Timetable.
Additional timetable information
Seminars
There are no lectures in this course, and seminars are not recorded.
Aims and outcomes
Teaching Mission Statement
The mission of the TC Beirne School of Law is to educate students in and about the law. We seek to assist you to think critically about the law and to investigate its structures, principles, policies, and values. This is achieved by engaging with you as fellow investigators in a range of critical and intellectual conversations about the law and its place in society. Our role isﾠto guide you in your own intellectual journey in the law and to equip you with the necessary skills that will enable you to continue that journey long after you have left the School.
Course Aims
The course is designed to give students a comprehensive understanding of international law relevant for refugees and asylum seekers,ﾠand key aspects of Australia’s domestic laws governingﾠimmigration and refugee status.
The seminars invite students to critically reflect on the nature of immigrationﾠand refugee law, and understand the rationale of international, regional and domestic policies in this area. Moreover, the course seeks to develop and improve students' ﾠwrittenﾠand socio-legal research skills. The course will enhance students’ abilities to research the law in its socio-politico-historicoﾠcontext, to critically analyse legislation, international legal sourcesﾠand leading cases,ﾠand to evidence a critical and applied understanding of the law.
Learning outcomes
After successfully completing this course you should be able to:
LO1.
- demonstrate a thorough understanding of Australian immigration law and international refugee law.
LO2.
- demonstrate a comprehensive knowledge of the sources of migration law, including relevant legislation, case law, government sources, and scholarly writing.
LO3.
- understand relevant government policies in this field and in related areas.
LO4.
- understand and appreciate the situation, needs, and rights of asylum seekers, refugees, and permanent and temporary migrants.
LO5.
- discuss topical socio-legal issues, about immigration and refugee law/policy in an open and respectful forum.
LO6.
- identify and structure relevant socio-legal issues and present them logically.
LO7.
- independently research, identify, and locate relevant information and scholarly literature of the highest quality.
LO8.
- present and communicate research outcomes to an audience and (where appropriate) develop informed, coherent strategies for law reform and policy change in this field of study.
LO9.
- develop alternative strategies and recommendations for law reform and policy change.
LO10.
- communicate clearly and efficiently in a written paper.
Assessment
Assessment summary
| Category | Assessment task | Weight | Due date |
|---|---|---|---|
| Reflection |
Reflection
|
40% |
30/09/2024 1:00 pm |
| Essay/ Critique |
Take Home Assessment
|
60% |
25/10/2024 1:00 pm |
Assessment details
Reflection
- Online
- Mode
- Written
- Category
- Reflection
- Weight
- 40%
- Due date
30/09/2024 1:00 pm
- Learning outcomes
- L01, L03, L04, L05, L06, L07, L08, L10
Task description
This (2500 word) summative assessment helps student's develop critical insights into the lived experiences of asylum seekers moved to offshore processing on Nauru and Manus Island in the past and encourages them to connect the lived experience (conveyed through assorted artefacts) with human rights law principles.
Students will be invited to choose from among several artefacts including 'letters from Nauru' held in the Fryer library (UQ) podcasts, auto-biographical books, cartoons or films.
Students should plan and structure their reflective essays in the following way: (i) report (ii) relate and (iii) reason.
This involves (i) reporting on the artefact(s) chosen, conveying which artefact was chosen to inspire the reflective paper, to summarise what the artefact conveyed and why it was chosen; (ii) relating the artefact to wider socio-legal knowledge and understanding informed by prescribed reading (from earlier in the course) about offshore regional processing on Nauru and Manus Island and human rights; and (iii) reasoning, by explaining why the artefact was important in enhancing and enriching your learning – knowledge, understanding and appreciation of offshore regional processing and its human impacts.
This assessment task evaluates students' abilities, skills and knowledge without the aid of generative Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct Policy .
Submission guidelines
Assignments must be submitted electronically via the online assessment submission link on the course Blackboard site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
An extension for an assessment item due within the teaching period in which the course is offered will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
Take Home Assessment
- Online
- Mode
- Written
- Category
- Essay/ Critique
- Weight
- 60%
- Due date
25/10/2024 1:00 pm
- Learning outcomes
- L01, L02, L03, L06, L07, L08, L09, L10
Task description
The final assessment will be administered in the same way as a research paper but students will work under stricter time constraints. Students will be issued with the paper on Friday 11 October at 1pm and will be afforded two weeks to complete the examination with the paper due on Friday 25 October at 1pm. The examination will comprise a short (discursive) essay question calling for critical analysis and evaluation of a topic covered during the course, and the second question will be a problem relating to a protection visa application, and you will be tasked with writing an opinion about the merits of their claim and prospects for a successful visa application. Students will be required to type up their answers and the word limit is 4000 words in total. The word limit is mandatory, where papers exceed the maximum word limit then the material that exceeds the limit will not be read and marked.
Individual work:
The take home assessment must be the individual student’s own work. In between the release date and the due date and time, a student is not to consult with any other person in relation to the questions on the assessment. Students may consult with the course co-ordinator if clarification of any question is thought necessary. The course co-ordinator may circulate clarifications to the entire class if necessary or appropriate.
This assessment task evaluates students' abilities, skills and knowledge without the aid of generative Artificial Intelligence (AI). Students are advised that the use of AI technologies to develop responses is strictly prohibited and may constitute student misconduct under the Student Code of Conduct Policy .
Submission guidelines
Assignments must be submitted electronically via the online assessment submission link on the course Blackboard site.
Deferral or extension
You may be able to apply for an extension.
The maximum extension allowed is 7 days. Extensions are given in multiples of 24 hours.
Extension to Assessment Due Date
An extension for an assessment item will generally be limited to one week in the first instance. In exceptional circumstances, approved extensions may be granted for more than one week but will not exceed four weeks in total. Where a student is incapacitated for a period exceeding four weeks of the teaching period, they should be advised to apply for removal of course.
A student may apply for an extension to assessment due date if they are unable to meet an assessment deadline due to extenuating circumstances. Please refer to the Applying for an extension page on my.UQ for further details on acceptable reasons for an extension and for instructions on how to apply. Additional information on extensions can be found within the Assessment Procedure .
Spoken or written notification of difficulties with assessment deadlines to a course coordinator or the School does not constitute an authorised extension.
Applications to be submitted before the due date: Applications for extension (whether they be medical or exceptional circumstances) shall be made by the due date and time for the assessment. Requests for extensions received after the assessment item submission due date and time, must include evidence of the reason for the late request, and will require the decision maker listed in the Student Grievance Resolution Procedure to accept the request for consideration.
Late submission
A penalty of 10% of the maximum possible mark will be deducted per 24 hours from time submission is due for up to 7 days. After 7 days, you will receive a mark of 0.
Penalties for Late Submission
The following penalties apply to late submission of an assessment item, assuming that an extension has not been approved, and that late submission is academically possible (e.g., it does not delay feedback to a cohort, or interfere with course delivery).
First 7 periods of 24 hours (or part thereof) - 10% per 24 hours of the maximum possible mark for the assessment item. For example, a report worth a maximum of 40 marks, submitted 28 hours late will attract a penalty of 8 marks, calculated as 2 periods of 24 hours x 10% x 40 marks.
More than 7 periods of 24 hours - 100%.
Course grading
Full criteria for each grade is available in the Assessment Procedure.
| Grade | Cut off Percent | Description |
|---|---|---|
| 1 (Low Fail) | 0 - 19 |
Absence of evidence of achievement of course learning outcomes. |
| 2 (Fail) | 20 - 47 |
Minimal evidence of achievement of course learning outcomes. |
| 3 (Marginal Fail) | 48 - 49 |
Demonstrated evidence of developing achievement of course learning outcomes |
| 4 (Pass) | 50 - 64 |
Demonstrated evidence of functional achievement of course learning outcomes. |
| 5 (Credit) | 65 - 74 |
Demonstrated evidence of proficient achievement of course learning outcomes. |
| 6 (Distinction) | 75 - 84 |
Demonstrated evidence of advanced achievement of course learning outcomes. |
| 7 (High Distinction) | 85 - 100 |
Demonstrated evidence of exceptional achievement of course learning outcomes. |
Additional course grading information
The rubrics (assessment tool) detailing and explaining the criteria (requirement) for achievement in different grade bands will be issued along with the two forms of assessment at the relevant time.
Supplementary assessment
Supplementary assessment is available for this course.
Additional assessment information
Students are expected to attend all seminars which are not recorded; socio-legal material explored and examined via the formative tasks set for consideration during seminars will inform your answers given to the particular questions/problems set for the final summative assessment.
Learning resources
You'll need the following resources to successfully complete the course. We've indicated below if you need a personal copy of the reading materials or your own item.
Library resources
Find the required and recommended resources for this course on the UQ Library website.
Additional learning resources information
In addition to the required reading material issued via Blackboard for each week of the course, the sources listed below may serve as useful entry points for further research.
Immigration and Refugee Law, Australia
- Bagaric, Mirko et al, Migration and Refugee Law in Australia - Cases and Commentary, Melbourneﾠ(Vic) Cambridge Unibersity Press, 2007.
- Billings, Peter, Crimmigration in Australia: Law, Politics and Society, Springer 2019.
- Billings Peter, Regulating Refugee Protection Through Social Welfare, Routledge 2022.
- Lester, Eve, Making Migration Law: The Foreigner, Sovereignty and the Case of Australia,ﾠCambridge University Press, 2018.
- Jupp, James, From White Australia to Woomera — The Story of Australian Immigration, Cambridge University Press, 2002.
ﾠInternational Refugee Law
- Costello, Cathryn, et al, The Oxford Handbook of International Refugee Law, Oxford University Press, 2021.
- O'Sullivan Maria and Stevens Dallal, States, the Law and Access to Refugee Protection, Routledge, 2017.
- Juss, Satvinder, Research Handbook on International Refugee Law, Edward Elgar 2019.
Learning activities
The learning activities for this course are outlined below. Learn more about the learning outcomes that apply to this course.
Filter activity type by
Please select
| Learning period | Activity type | Topic |
|---|---|---|
Week 1 (22 Jul - 28 Jul) |
Not Timetabled |
Private Study |
Week 2 (29 Jul - 04 Aug) |
Seminar |
Immigration Nation: Pre-Federation Controls Learning outcomes: L01, L02, L03, L06, L08 |
Week 3 (05 Aug - 11 Aug) |
Seminar |
Immigration Nation: Post Federation Controls Learning outcomes: L01, L02, L03, L06, L08 |
Week 4 (12 Aug - 18 Aug) |
Seminar |
Immigration Controls: The Constitutional Context Learning outcomes: L01, L02, L05, L08 |
Week 5 (19 Aug - 25 Aug) |
Seminar |
Visa Requirements and General Entry Criteria Learning outcomes: L01, L02, L03, L05, L06, L08 |
Week 6 (26 Aug - 01 Sep) |
Problem-based learning |
Crimmigration: The Character Test Learning outcomes: L01, L02, L03, L04, L05, L06, L08, L09 |
Week 7 (02 Sep - 08 Sep) |
Seminar |
Immigration Controls: the 'Pacific Solution' (Extra-territorial immigration controls) Learning outcomes: L01, L02, L03, L04, L05, L06, L08, L09 |
Week 8 (09 Sep - 15 Sep) |
Seminar |
Enforcing Immigration Controls: Operation Sovereign Borders (Offshore Processing of Asylum Seekers) Learning outcomes: L01, L02, L03, L04, L06, L09 |
Week 9 (16 Sep - 22 Sep) |
Workshop |
Refugee Testmony from Nauru and Manus: The Lived Experience of Offshore Processing This week our study of the lived experience of offshore processing for asylum seekers will take place in the Fryer Library at UQ at the usual seminar times, and together we will explore a unique collection of artefacts - curated letters authored by asylum seekers detained on Nauru during 2001-05 after the MV Tampa affair. We will also introduced other refugee artefacts that evidence the lived experience of forced migration and offshore processing, including podcasts, semi auto-biographical books, and artworks. Learning outcomes: L01, L02, L04, L06, L07, L10 |
Mid Sem break (23 Sep - 29 Sep) |
Not Timetabled |
No seminar - progressive assessment Learning outcomes: L01, L02, L08 |
Week 10 (30 Sep - 06 Oct) |
Seminar |
Refugee Protection - Who is a Refugee under International Law? Learning outcomes: L01, L02, L05, L08 |
Week 11 (07 Oct - 13 Oct) |
Seminar |
Complementary Protection Under International Human Rights Law Monday 7 October is a public holiday so an alternative time will be found for the seminar in week 11. Learning outcomes: L01, L02, L06, L10 |
Week 12 (14 Oct - 20 Oct) |
Problem-based learning |
Refugee Protection under the Migration Act 1958 Learning outcomes: L01, L02, L03, L06, L07 |
Week 13 (21 Oct - 27 Oct) |
Not Timetabled |
Assessment |
Revision week (28 Oct - 03 Nov) |
Not Timetabled |
Assessment |
Policies and procedures
University policies and procedures apply to all aspects of student life. As a UQ student, you must comply with University-wide and program-specific requirements, including the:
- Student Code of Conduct Policy
- Student Integrity and Misconduct Policy and Procedure
- Assessment Procedure
- Examinations Procedure
- Reasonable Adjustments - Students Policy and Procedure
Learn more about UQ policies on my.UQ and the Policy and Procedure Library.
School guidelines
Your school has additional guidelines you'll need to follow for this course: