• Offered by Law School
  • ANU College ANU College of Law
  • Course subject Laws
  • Areas of interest Law
  • Academic career UGRD
  • Course convener
    • Matthew Zagor
  • Mode of delivery In Person
  • Offered in First Semester 2014
    See Future Offerings

A participant who has successfully completed this course should have a clear understanding of:

  • the conventional and customary law obligations of States in respect of refugees and other asylum-seekers and of the rights of applicants
  • the protection mechanisms, both national and international, that operate for the immediate and long-term protection of refuge-seekers and the policy considerations that affect contemporary State attitudes to such groups
  • the legal problems affecting national interpretations and application of refugee concepts, with particular emphasis on definitional problems, status determination procedures and non-refoulement.

The course will focus mainly on the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol, supplemented by additional materials that assist in the interpretation, construction and critique of these instruments. Particular attention will be paid to national implementation of refugee protection and status determination procedures in Australia, comparing and contrasting the approach taken, where appropriate, with that of other nations.

Addressed will be the origins of the international system of protection, its limitations and deficiencies; the role and relevance of UNHCR; definitional problems; exclusion and cessation of refugee status; core concepts of protection (including complementary protection), asylum, non-refoulement, penalization and refugee rights; asylum, temporary refuge, temporary protection and burden-sharing; durable solutions; protracted refugee situations; status determination procedures; detention; ‘deflection' techniques; other categories such as ‘environmental' refugees and internally displaced persons; and a consideration of possible future directions for refugee law.

Learning Outcomes

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

The broad purpose of the course is to examine the international mechanisms and norms that have been developed for the protection of refugees, and the reciprocal interaction between these mechanisms and norms and national policies. As refugee law exists to address a specific humanitarian need, students will be expected to consider critically the law's effectiveness in managing the global refugee situation, the protection needs of refugees, and the impact on national societies.

Consequently a participant who has successfully completed this course should:

  • be conversant with the substance of the legal norms that govern the international protection system for refugees, the rights international law bestows upon them and the obligations of States in this area
  • have acquired a familiarity with the legal problems caused by definitional and operational issues under the provisions of the 1951 Convention relating to the Status of Refugees
  • be able to discuss and debate the various policy issues raised by the implementation of international and domestic protection systems in light of contemporary circumstances.

The domestic implementation of refugee law will be considered primarily in the Australian context. As a result, students will be expected to develop a sound knowledge of the structure of refugee law in Australia, including relevant legislation, case law, policy and determination procedures. For the purposes of comparative analysis, British and European refugee law will also be examined.

Indicative Assessment

The assessment for this course will involve three components: class participation, formal presentation, and research assignment. Students will be encouraged to develop a research proposal of their choice in coordination with the lecturer; it may be on the same topic upon which they presented. Attendance at 80% of classes will be compulsory, with marks deducted for failure to attend. The overall aim of these components is to provide students with an opportunity to engage at all levels with both the ongoing subject matter of the course, as well as to develop their research skills, and to allow them to direct their energies towards areas of specific interest.

More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available on the course home page by the first week of semester.

The ANU uses 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. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.

Workload

Depending on class size, it is expected that every week there will be a two-hour lecture and a one-hour student-lead seminar based around presentations.  Students are generally expected to devote approximately 10 hours overall per week to this course.

Requisite and Incompatibility

To enrol in this course you must be studying a program which includes a Bachelor of Laws or the Juris Doctor program (7330). LAWS2250 International Law and LAWS2201 Administrative Law must have been completed and students must have completed or be completing five 1000 level LAWS courses.

Prescribed Texts

Information about prescribed texts will be made available in the course outline.  See the course home page.

Preliminary Reading

The preliminary reading required for this course will be available from the course home page at least one week prior to the commencement of the course.

A reading guide will be available on the course web page.

Majors

Fees

Tuition fees are for the academic year indicated at the top of the page.  

If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Students continuing in their current program of study will have their tuition fees indexed annually from the year in which you commenced your program. Further information for domestic and international students about tuition and other fees can be found at Fees.

Student Contribution Band:
3
Unit value:
6 units

If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees.  Where there is a unit range displayed for this course, not all unit options below may be available.

Units EFTSL
6.00 0.12500
Domestic fee paying students
Year Fee
1994-2003 $1626
2004 $1926
2005 $2298
2006 $2646
2007 $2670
2008 $2670
2009 $2670
2010 $2718
2011 $2778
2012 $2808
2013 $2808
2014 $2808
International fee paying students
Year Fee
1994-2003 $2916
2004 $2916
2005 $3234
2006 $3426
2007 $3426
2008 $3426
2009 $3426
2010 $3750
2011 $3756
2012 $3756
2013 $3756
2014 $3762
Note: Please note that fee information is for current year only.

Offerings, Dates and Class Summary Links

The list of offerings for future years is indicative only.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.

First Semester

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
4033 17 Feb 2014 07 Mar 2014 31 Mar 2014 30 May 2014 In Person N/A

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions