The course is designed to show the importance of forward-looking thinking in critically examining aspects of the current Australian Migration Law system, and examining how other jurisdictions may have addressed issues similar to those faced by Australia. Students will be introduced to the general theories of comparative law and the advantages and dangers in employing comparative law methodologies.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

By the conclusion of this course, it is expected that students who have successfully completed all of the course requirements should be able to:

1. Apply knowledge and skills to analyse evaluate and compare the fundamental principles and general theory of Comparative Law across specific jurisdictions.
2. Investigate, generate and evaluate complex concepts and theories in order to explain the impact of EU integration on Migration Law across jurisdictions.
3. Investigate, analyse and synthesise complex legal and policy issues surrounding migration law 
4. Interpret and reflect critically on relevant case law with a high level of personal autonomy.
5. Critically reflect at an abstract level on Australian migration issues that are informed or influenced by international concepts and theories.
   

Field Trips

There will be two optional Tribunal observations in Sydney:

Date: Wednesday, 28 August 2019 & Wednesday , 11 September 2019

Time: 9am AEST

Place: Administrative Appeals Tribunal, Level 6, 83 Clarence Street, Sydney.

Additional information will be available. Students are required to email: er-kai.wang@anu.edu.au and indicate your intention to attend. We are to meet at the AAT reception on Level 6. You can find the AAT's daily hearing listings on: http://www.aat.gov.au/daily-listings. Students must meet the costs for these trips.

Required Resources

As Migration legislation changes so frequently the program does not recommend textbooks which can quickly become out of date. We will be using materials created specifically for this course, as well as readings from texts which will be available on the Wattle course site.

Staff Feedback

You will be given written and/or oral feedback pointing out things that have been done well and those that could be done better or differently. You will be given written or oral feedback following any submission of an assessment. This is typically available 1-4 weeks after submission of the assessment. You may seek further elaboration on any feedback - either from your marker or by the Convenor. If you feel that your feedback and grade does not reflect your performance, please contact the Convenor in writing and outline your concerns. Your submission will be re-marked by a new examiner.

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). The feedback given in these surveys is anonymous and provides the Colleges, University Education Committee and Academic Board with opportunities to recognise excellent teaching, and opportunities for improvement. The Surveys and Evaluation website provides more information on student surveys at ANU and reports on the feedback provided on ANU courses.

Other Information

External Resources

Information about the ANU Law Library, including details of E-Legal research online resources (for example, CCH Intelliconnect, Legal Online, LexisNexisAU, etc) is available to ANU students and can be found at http://anulib.anu.edu.au/subjects/law. For access to the online resources please go to: http://virtual.anu.edu.au then type in your student number and password. At various points throughout the course you will be directed to other useful external resources.

 

Referencing Requirements

Where required, students must use footnotes for referencing and the Australian Guide to Legal Citation (http://www.law.unimelb.edu.au/mulr/aglc) for the citation style. 

 

Word Limits

The method of calculation of word length for assessment pieces in this course is a global word count. This means that when calculating the number of words of a piece of assessment students must include all headings, text, and footnotes (excluding bibliography). Students should calculate this using Microsoft Word’s word count function or equivalent. The default penalty is as follows: the mark which is awarded initially will be reduced by half the proportion by which the word limit has been exceeded. As an example, if the word limit is 2,000 words, and the essay submitted is 3,000 words long, then the initial mark for the essay would be reduced by 25% of that mark.

Papers which fall short of words will not be penalised on that basis alone. However, short papers risk failing to address the question adequately.

 

ANU Library

All enrolled ANU students can access the ANU databases (including the full-text databases such as Westlaw) through the ANU Library webpage http://anulib.anu.edu.au/lib_home.html

Opening hours for the Law Library can be accessed at http://anulib.anu.edu.au/using-the-library/opening-hours/.

To access restricted ANU web pages from home as though coming from a computer on campus you need the Reverse Proxy Server known as ‘Virtual’. You can access virtual through http://virtual.anu.edu.au/login.

Students living near another law school may need to access print resources from their local school. ANU students can use these collections through the University Library Australia national borrowing scheme. The scheme allows people who are enrolled at a university in one city to access university libraries in another city at a reduced rate. For further information see http://www.caul.edu.au/caul-programs/university-library-australia. Students who wish to participate in this scheme need to join at the library they wish to access material from. The cost of the scheme is $50 per academic year.

The ANU document delivery service is available for remotely located students in non-capital cities. For further information see https://anulib.anu.edu.au/using-the-library/document-supply-services/ .

The ANU Library Off-Campus Service is available to students who live more than 60 kilometres from the ANU campus at Acton, ACT. Before using the service for the first time, you will need to complete the online User Agreement Form. You will then be able to request a book, table of contents, chapter or article using the request forms on the Off-Campus Service web pages. For further information see http://anulib.anu.edu.au/offcampus/.

 

Sub-Dean, GDLP/MLP

The GDLP/MLP Sub-Dean can be contacted via email on subdean.slp@anu.edu.au

 

Wellbeing Support Services for Lawyers

You will find wellbeing support information for lawyers on the ANU School of Legal Practice website.

We also encourage you to read Being Well in the Law – a guide for lawyers which is a toolkit is provided by the NSW Law Society, written by our ANU Academics.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Topic 1: Introduction to comparative migration law
2	Topic 1: Introduction to comparative migration law – methodology discussion in online groups	Assessment 2 & 3 released: Monday, 29 July 2019
3	Topic 2: Australian migration law
4	Topic 2: Australian migration law cont...
5	Topic 3: Introduction to comparative migration legislation (Canada and New Zealand)	Assessment 1 released: Monday, 19 August 2019
6	Topic 3: Introduction to comparative migration legislation (Canada and New Zealand) cont...	Assessment 1 due: Sunday, 8 September 2019 (mid-semester break)
7	Topic 4: Entry requirements
8	Topic 4: Entry requirements cont...	Assessment 2 due: Monday, 23 September 2019
9	Topic 5: Synthesis of migration issues between selected countries
10	Topic 5: Synthesis of migration issues between selected countries cont...
11	Topic 6: Citizenship	Assessment 3 topic approval by: Wednesday, 16 October 2019
12		Assessment 3 due: Friday, 25 October 2019

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Short answer assignment (40%)	40 %	08/09/2019	23/09/2019	1,2,3,4
Essay Proposal (10%)	10 %	23/09/2019	08/10/2019	1,2,3,4,5
Final Essay (50%)	50 %	25/10/2019	22/11/2019	1,2,3,4,5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines, which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Misconduct Rule before the commencement of their course. Other key policies and guidelines include:

• Student Assessment (Coursework) Policy and Procedure
• Special Assessment Consideration Policy and General Information 
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the ANU Online website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

You must check Wattle course announcements and forum discussions as well as your ANU email at least every 24-48 hours.

All email correspondence from the ANU will be sent to your ANU email address. You may arrange for your ANU Email to be forwarded to an email address you check daily.

Alternatively, set your personal setting to provide you with all the reminders you need to achieve this. At the end of the day, it is your responsibility to ensure you are actively committed and involved in this course.

The course will be conducted in the following time zones (Canberra time). 

Australian Eastern Standard Time (AEST): from 7 April 2019 to 6 October 2019. 

Australian Eastern Daylight Time (AEDT): from 7 October 2019 to 5 April 2020.

Please make appropriate adjustments if you are located in a different time zone.

Assessment Task 1

Short answer assignment (40%)

Description: Assignment 1 will present a number of short answer questions, based on the materials presented in Modules 1-4.

Submission Date: Sunday, 8 September 2019

Length: 3000 words

Estimated Date of Results: Monday, 23 September 2019

Assessment Criteria:

Content

• The student identifies and accurately applies the relevant law, policy, legal principles and/or ethics to the facts and issues raised by the question.

• If applicable the student recognises and evaluates judicial and statutory ambiguities.

Relevance of the argument

• The student accurately represents arguments, making use of the acquired knowledge. They adequately engage with the relevant arguments and make adequate references to the relevant legal principles, legislation, or case-law when appropriate.

Expression and Structure

• The student uses appropriate terminology, correct grammar, syntax and spelling.

• The student demonstrates adherence to the ANU guidelines on presentation, style, referencing and word limits.

• The student presents their work with a clear and concise expression that is stylistically appropriate with good use of structure, paragraphs and section headings where applicable.

Assessment Task 2

Essay Proposal (10%)

Description: This assignment requires you to present a proposal in which you explain the topic you wish to address in your final essay, explaining how it is relevant to the materials that you have studied, and the means by which you will address the issue in question. You should include a list of resources that you wish to use in writing your essay.

Submission Date: Monday, 23 September 2019

Length: 1000 words

Estimated Date of Results: Tuesday, 8 October 2019

Assessment Criteria:

Understanding of the Issues

• The issues raised by the topic are considered, clearly identified and presented in the student’s essay.
• A coherent plan for an essay, which can be kept to 4500 words, is presented.

Communication and Development of Argument

• The student explains their choice of topic in a clear and logical manner through reference to the facts, applicable law and read theoretical readings.

Argument/Analysis

• The student demonstrates a grasp of the topic they wish to address in their essay and the sources they intend to use to complete it.

Research

• The student demonstrates the ability to organize sources and integrate material from research resources into the proposal.

Presentation, Style and Referencing

• The student presents their proposal with a clear and concise expression that is stylistically appropriate with good use of structure, paragraphs and section headings where applicable.

• The student uses appropriate terminology, correct grammar, syntax and spelling.

• The student demonstrates adherence to the ANU guidelines on presentation, style, referencing and word limits.

Assessment Task 3

Final Essay (50%)

Format: Individual work based on the materials and course work

Approval of Topic: The topic is to be selected individually by the student. It should be discussed with and approved by the convener by 16 October. It may focus on comparison of a specific issue across the jurisdictions on or specific theoretical problem related to comparative law. Topic should be sent to and approved by the Convenor.

Submission Date: Friday, 25 October 2019

Length: 4000 words including footnotes.

Estimated Date of Results: Friday, 22 November 2019

Assessment Criteria:

Understanding of the Issues

• The issues raised by the topic are considered, clearly identified and presented in the student’s essay.

• The student demonstrates an ability to accurately cite relevant domestic and international legislation and/or policy where appropriate and engage with deeper theoretical problems underpinning comparative research and able to rely on adequate methodology for her research.

Communication and Development of Argument

• The student explains their choice of topic in a clear and logical manner through reference to the facts, applicable law and read theoretical readings.

Argument/Analysis

• The student demonstrates critical analysis through close consideration of the question and appropriate use of the research materials to develop well-reasoned arguments or persuasive discussions within the essay.

Research

• The student demonstrates the ability to organize sources and integrate material from research resources into the essay.

Presentation, Style and Referencing

• The student presents their proposal with a clear and concise expression that is stylistically appropriate with good use of structure, paragraphs and section headings where applicable.

• The student uses appropriate terminology, correct grammar, syntax and spelling.

• The student demonstrates adherence to the ANU guidelines on presentation, style, referencing and word limits.

Academic Integrity

Academic integrity is a core part of our culture as a community of scholars. At its heart, academic integrity is about behaving ethically. This means that all members of the community commit to honest and responsible scholarly practice and to upholding these values with respect and fairness. The Australian National University commits to embedding the values of academic integrity in our teaching and learning. We ensure that all members of our community understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. The ANU expects staff and students to uphold high standards of academic integrity and act ethically and honestly, to ensure the quality and value of the qualification that you will graduate with. The University has policies and procedures in place to promote academic integrity and manage academic misconduct. Visit the following Academic honesty & plagiarism website for more information about academic integrity and what the ANU considers academic misconduct. The ANU offers a number of services to assist students with their assignments, examinations, and other learning activities. The Academic Skills and Learning Centre offers a number of workshops and seminars that you may find useful for your studies.

Online Submission

You may be required to submit an assessment either through:

1. Wattle dropbox and Turnitin, or
2. Wattle dropbox only, or
3. Turnitin only.

Please read the instruction for each assessment carefully.

Where assessments are to be submitted using Turnitin in the course Wattle site, you will be required to electronically sign a declaration as part of the submission of your assessment.

Where assessments are to be submitted using Wattle dropbox in the course Wattle site, you will be required to electronically sign a declaration, by ticking checkboxes, as part of the submission of your assessment. If you fail to do this, you assessment will be recorded as a draft only. This may affect its acceptance as a submitted assessment.

Please keep a copy of all your assessments for your records.

Assessments must be submitted in the format identified in the assessment instructions.

Research essays, reflective comments or similar documents must be submitted in 12-point font, double-spaced, formatted for A4-size paper, and with pages numbered.

Hardcopy Submission

No hard copy submission will be accepted in this class.

Late Submission

Policy regarding late submission is detailed below:

• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.
• Extensions late submission and penalties - https://law.anu.edu.au/extensions-late-submission-and-penalties

Referencing Requirements

Accepted academic practice for referencing sources that you use in presentations can be found via the links on the Wattle site, under the file named “ANU and College Policies, Program Information, Student Support Services and Assessment”. Alternatively, you can seek help through the Students Learning Development website.

Returning Assignments

Your written work will receive feedback and grading via the course Wattle site under the corresponding assessment drop box. Assessment results are typically available between 1-4 weeks after the due date via the same dropbox your assessments were submitted to. The Convenor will post announcements about when you can expect your assessment results.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. The Course Convener may grant extensions for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Diversity and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents undergraduate and ANU College students
• PARSA supports and represents postgraduate and research students