This course will introduce students to key concepts in Australian Administrative Law systems and principles. It will apply those concepts to an examination of the legislation relevant to Australia’s immigration regime including the Migration Act 1958 (Cth) and Migration Regulations 1994. Students will analyse the structure of the migration system, legislation and regulation and investigate the mechanisms for decision making used by the Department of Immigration and Border Protection, Merits Review Tribunals and the Courts.

Learning Outcomes

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

1. Describe the legislative background of Australia’s migration system and the concepts that underpin administrative decision making in relation to migration.
2. Explain the role of complex legal and administrative law concepts.
3. Demonstrate a sophisticated understanding of the various administrative bodies involved in the migration system, their roles and responsibilities through the application of the law to case studies.
4. Demonstrate knowledge of the roles of administrative and judicial bodies in the migration system and the mechanics of those bodies, including their jurisdiction, procedures and decision making processes.
5. Identify and analyse requirements and procedures relating to refusals, compliance and other sanctions, appeals and reviews.

Field Trips

There will be two optional Tribunal observations in Sydney:

Date: Tuesday, 16 April 2019 & Tuesday, 30 April 2019

Time: 9 am AEST

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

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As Migration legislation changes so frequently the course does not recommend textbooks which can quickly become out of date. We will be using specific readings from texts which will be available on the Wattle course site. In addition to the required readings you are also expected to read all documents provided in the Resources area for each topic.

Other resources are available at the ANU Law Library including online resources such as LEGENDcom (alternatives: ComLaw, Austlii or LexisNexis).

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.

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.

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/.

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.

Sub-Dean

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

Class Schedule

Week/Session	Summary of Activities	Assessment
1	(25 Feb) Legal Frameworks of Australia’s Administrative Migration Law
2	(4 Mar) Administrative Decision Making under the Migration Act 1958
3	(11 Mar) Administrative Decision Making under the Migration Act 1958 cont'd	Assessment Task 2 released on 13 March 2019
4	(18 Mar) Primary Decision Making Procedures under the Migration Act 1958 and Migration Regulations 1994	Assessment Task 1 released on 19 March 2019
5	(25 Mar) Primary Decision Making Procedures under the Migration Act 1958 and Migration Regulations 1994 cont'd
6	(1 Apr) Merits Review of Migration Decisions	Assessment Task 1 due by 2 April 2019 Assessment Task 1 feedback due 16 April 2019
7	(22 Apr) Judicial Review - General Principles	Assessment Task 2 due 24 April 2019
8	(29 Apr) Judicial Review of Migration Decisions
9	(6 May) Judicial Review of Migration Decisions cont'd	Assessment Task 2 feedback due by 8 May 2019 Assessment Task 3 released on 8 May 2019
10	(13 May) Assessment Task 3 preparation.
11	(20 May) Assessment Task 3 preparation.
12	(27 May) Assessment Task 3 preparation.	Assessment Task 3 due by 31 May 2019 Assessment Task 3 feedback due by 28 June 2019

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Problem Based Assignment (40%)	40 %	02/04/2019	16/04/2019	1,2,3,4,5
Research Essay Proposal (10%)	10 %	24/04/2019	08/05/2019	1,2,4
Research Essay (50%)	50 %	31/05/2019	28/06/2019	1,2,4

* 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. Students may choose not to submit assessment items through Turnitin. In this instance you will be required to submit, alongside the assessment item itself, hard copies of all references included in the assessment item.

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

This is an online course. Students will study online and are expected to devote 10-12 hours per week to studying, participating online in group forum discussions and Live Classrooms on Adobe Connect and conducting individual research.

You are strongly encouraged to participate in online activities. This including posting in Discussion Forum activities, participating in online classes (whenever you can) and watching recordings of classes, lectures and other video resources. Resources and materials will be provided online. You will also be expected to undertake your own private research in addition to the readings and forum discussions.

You are also strongly encouraged to participate in the Tribunal observation activity (further information will be available in the course site). It is migration law in action and previous students have found the observation activities very interesting and informative.

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 Daylight Time (AEDT): from 7 October 2018 to 7 April 2019.

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

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

Assessment Task 1

Problem Based Assignment (40%)

Format: Problem based Assignment - Set topic; Available on 19 March 2019.

Relationship between the Assessment Task and the Course Objectives: The assessment will consist of a number of problem based scenarios that address specific legislative provisions and/or areas of administrative decision making in Australian Migration law. This will allow students to research and apply knowledge of concepts that underpin administrative decision making and analyse and identify requirements that are specific to administrative decision making in migration in Australia. Students will draw on knowledge they have gained through course readings, resources, discussion forums and Adobe classes to answer the problem based scenarios. Independent research of migration legislation and policy will also be essential for success in this assessment.

Submission Date:  2 April 2019 11.55 pm AEDT.

Length: 3000 words inclusive of footnotes.

Estimated Date of Results: 16 April 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.
• The student draws clear and appropriate conclusions.

Structure

• 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.

Expression

• 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 2

Research Essay Proposal (10%)

Format: Essay topic proposal

Relationship between the Assessment Task and the Course Objectives: This Assessment is an essay proposal. Students will choose their own topic for a research essay. Guidelines will be provided to assist students drafting their proposal. The proposal will assist students in developing skills for research. Purposeful feedback and guidance will be provided to students in order to assist them with their development of their final essay. Students will draw on key topics and issues they have addressed through course readings, resources, discussion forums and Adobe classes. Independent research will also be essential for success in this assessment.

Approval of Topic: Guidelines available from 13 March 2019.

Submission Date: 24 April 2019 at 11.55pm AEST.

Length: 750 words inclusive of footnotes.

Estimated Date of Results: 8 May 2019.

Assessment Criteria:

Understanding and addressing the Issues

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

Argument/Analysis

• The student demonstrates their ability to develop an analysis or an argument through close consideration of the question/topic proposed and appropriate use of the research materials.

Research

• The student demonstrates an understanding of research principles and sources in their essay proposal.

Presentation, style and referencing

• The student presents their essay proposal in a grammatically correct manner with a clear and concise use of structure, paragraphs and section headings where applicable.

Assessment Task 3

Research Essay (50%)

Format: Essay - Student's choice with lecturer's approval; available by 8 May 2019 (see Assessment Task 2)

Relationship between the Assessment Task and the Course Objectives: The Research Essay must address the approved essay proposal of Assessment 2 Part A. The research essay will enable students to develop skills in analysis and research and apply these to aspects of administrative law within the Australian migration law space. Students will analyse the structure of the migration system, legislation and regulation and investigate the mechanisms for decision making used by the Department of Immigration and Border Protection, Merits Review Tribunals and the Courts. Students will draw on key topics and issues they have addressed through course readings, resources, discussion forums and Adobe classes. Independent research will also be essential for success in this assessment.

Submission Date: 31 May 2019, 11:55 pm AEST.

Length: 3750 words inclusive of footnotes. 

Estimated Date of Results: 28 June 2019.

Assessment Criteria:

Understanding and addressing 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.

Communication and Development of Argument

• The student defends their position in a clear and logical manner through reference to the facts and/or applicable law.

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 essay 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 tick boxes, 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, for example, in accordance with relevant court or tribunal requirements; usual contract or will formats or advice format.

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/current-students/policies-procedures/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

Re-submission of assignments is generally not permitted. Please contact your Convenor to discuss should such need arises.

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