• Offered by Law School
  • ANU College ANU College of Law
  • Classification Advanced
    Specialist
  • Course subject Laws
  • Areas of interest Law
  • Academic career PGRD
  • Course convener
    • Matthew Zagor
  • Mode of delivery In Person
  • Offered in Spring Session 2016
    See Future Offerings

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.

Topics include:

•    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; and
•    the 'gaps' in international protection and the extent to which international law more broadly is able to address them.

 

Learning Outcomes

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

By the conclusion of this course, it is intended that students who have successfully completed all of the course requirements will be able to:
  1. Analyse complex problems, concepts and theories in international refugee law and devise solutions appropriate to the specific context;
  2. Undertake critical legal research, legal writing and resolution of complex legal problems with an international or transnational dimension across a range of issues and topics in international refugee law;
  3. Research and write on the practice or theory of international refugee law including in-depth legal and policy research in the international refugee law field, as well as the implementation of refugee law domestically;
  4. Incorporate social, policy, comparative or interdisciplinary approaches into legal analysis of international and domestic refugee issues;
  5. Engage in original and critical reflection on international refugee law topics;
  6. Communicate legal, policy and theoretical perspectives of international refugee legal issues effectively, both verbally and in writing; and
  7. Structure, sustain and evaluate legal argument in international refugee law applying legal knowledge to complex international refugee legal problems in an analytical and creative manner.

Other Information

This is an intensive course with a 4 day compulsory intensive (see LLM timetable for dates).

Approximately 4 weeks from the completion of the intensive your final assessment will be due. Contact with fellow students and the convenor, both prior to the intensive and after, is conducted via the Wattle course site.

Indicative Assessment

Assessment is likely to consist of:
  1. A class presentation or legal submission on behalf of a hypothetical claimant (20%)
  2. A written research assignment or law reform submission (65%, 4,500 words)
  3. One online quiz (15%).

Students must rely on the Course Study Guide which will be posted to the course Wattle site approximately four weeks prior to the commencement of the course.

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

26 hours of face to face teaching (4 day intensive). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. 

Click here for the LLM Masters Program timetable

Requisite and Incompatibility

To enrol in this course you must have completed LAWS8182 Principles of International Law and be studying a: Master of Laws (7300XLLM, MLLM), Master of Laws specialising in International Law (7300SINTL), Master of Laws specialising in Law, Governance and Development (7300SLGD), Master of Laws specialising in Environmental Law (7300SENVL), Master of Laws specialising in Government and Commercial Law (7300SGCL), Master of Laws specialising in International Security Law (7300SISL), Master of Laws in Migration (NLLML), Master of Laws in International Law (NLLIL), Master of Laws in Environmental Law (NLLEN), Master of Laws in Law, Governance & Development (NLLGD), Master of Laws in International Security Law (NLLSL), Master of Laws in Government and Regulation (NLLGR), Master of Laws (Legal Practice) (7312XLLMLP), Master of Diplomacy/Master of Laws (7883SINTL, 7883XLLM), Master of Diplomacy/Master of International Law (7893XMINTL), Master of International Law (7310XMINTL), Master of Environmental Law (7309XMENVL), Master of Law, Governance & Development (7317XMLGD), Master of International Security Law (7318XMISL), Master of Government and Commercial Law (7313XMGCL), Master of Legal Practice (MLEGP), Master of Legal Studies (7305XMLEGS). OR Must be studying a Juris Doctor (7330XJD, 7330HJD or MJD) and completed or be completing five LAWS1000 level or 6100 level courses, and LAWS2250 International Law or LAWS6250 International Law OR Must be studying a Graduate Certificate of Law (CLAW) and have completed or be completing LAWS8586 Law and Legal Institutions and LAWS8182 Principles of International Law OR Must be studying a Master of Military Law (MMILL) and have completed either LAWS8162 Military Operations Law or LAWS8166 Adv Military Operations Law OR Must be studying a Juris Doctor (MJDOL) and have completed the course LAWS8712 Australian Public Law & International Law B

Prescribed Texts

There is no prescribed text for this course.

Preliminary Reading

In view of the intensive nature of the course, it is highly desirable for you to do some preliminary reading for the first class.

  • G Goodwin-Gill and J McAdam, The Refugee in International Law (Oxford University Press, 3rd ed, 2008) Ch1
  • B.S. Chimni, 'The Geopolitics of Refugee Studies: A View from the South' (1998) 4 Journal of Refugee Studies 350

Students must rely on the approved Course Study Guide which will be posted to the Wattle course site approximately 4 weeks prior to the commencement of the course.

An e-brick will be available on the Wattle course site.

Assumed Knowledge

Participants must have completed Principles of International Law (LAWS8182) or equivalent.

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. Tuition fees are indexed annually. 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
2016 $3252
International fee paying students
Year Fee
2016 $4638
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.

Spring Session

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery Class Summary
9592 13 Oct 2016 13 Oct 2016 28 Oct 2016 02 Dec 2016 In Person N/A

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