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:

1. Critically evaluate the substance, rationale, and history 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.
2. Critically analyse the legal problems caused by definitional and operational issues under the provisions of the 1951 Convention relating to the Status of Refugees, and propose solutions to such complex problems.
3. Review and debate the various policy issues raised by the implementation of international and domestic protection systems in light of contemporary circumstances.
4. Critically reflect on the operation of the refugee law regime in Australia, including relevant legislation, case law, policy and determination.
5. Plan, design and execute refugee law research and communicate findings to a variety of audiences in a variety of written formats
6. Critically reflect on the roles refugee lawyers can play in promoting refugees’ access to justice and equality before the law.

Research-Led Teaching

The content of the course – including the readings and research-intensive means of assessment – is informed by the research interests, expertise and professional experience of the lecturers. Where relevant, their work will be included in the Reading Guide.

Required Resources

All reading resources will be accessible via the Reading Guide available on Wattle and through the ANU Library.

Recommended Resources

See Reading Guide for bibliography and resources.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

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.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	I. Refugee Law: history, context and foundational principles Perspectives on modern refugee law a) Reading contemporary affairs as an international refugee lawyer b) The origins, evolution and structure of refugee law
2	Principles of Refugee Law: a) Non-refoulement and asylum – contours, content and controversies
3	Principles of Refugee Law: b) Pushing out borders: externalisation and extraterritoriality – is Australia a ‘norm entrepreneur’? c) Non-penalization – a ‘situation specific right’?
4	Principles of Refugee Law: d) Family unity – a rights investigation. e) Solutions, cooperation and ‘solidarity’ – do they exist, or are we stuck with a pathology metaphor?
5	II. Refugee Definition a) Exploring the refugee definition: the international and Australian contexts
6	b) The refugee definition – Australian jurisprudence
7	c) Gender and critical perspectives of the definition
8	d) Refugee law and Palestinian refugees
9	e) Excluding the ‘non-deserving’ – art 1F and beyond
10	III. Protection a) International protection and institutional supervision –UNHCR’s protection role and theories of protection
11	b) Australian approaches and jurisprudence
12	c) Regional perspectives – European and African regimes, and refugee ‘crises’ Final Class: Looking Forward, Thinking Differently

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Peer Reviewed Online Quiz	0 %	10/04/2020	14/04/2020	1-4, 6
1A. In-class Presentation	25 %	*	*	1-7
1B. Submission on behalf of a hypothetical claimant	25 %	05/05/2020	27/05/2020	1-2, 4, 6-7
2A. Research Assignment	75 %	11/06/2020	09/07/2020	1-7
2B. Law reform submission	75 %	11/06/2020	09/07/2020	1-7

* 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.

Assessment Task 1

Peer Reviewed Online Quiz

Brief Description:?

The Online Quiz is designed less as an ‘assessment’ than a learning aid to consolidate the foundational knowledge of refugee law which must be understood in order to take analysis a step further. It will test a student’s knowledge of the basic categories and definitions in refugee law, and to understand core cases covered in the early weeks. It is also designed to provide students with an indication of how they are going with the subject matter and basics of the discipline before the semester break, and to furnish the convenors with information about how to best tailor the second half of the course to meet the pedagogical needs of both the cohort and individual students.

The quiz will be released on 3 April (ie the end of week 5), and will focus exclusively on the content of the first five weeks. Students will have exactly one week to complete the quiz (ie by 5pm 10 April), and three days (ie 5pm on 14 April) to turn around the peer review component. This provides students with an opportunity to reflect on their own answers and to formulate responses to other students' answers, thereby consolidating their understanding and knowledge. A self-assessment sheet will be provided that evening to ensure compliance with the policy that students have had the opportunity to undertake at least one formative or summative assessment task and receive feedback on their performance before 50% of a teaching period has elapsed.

Students will be provided with plenty of advance notice of the likely content of the quiz in the days before it goes live on WATTLE.

Feedback will be provided on the short answer sections.

Nature of task: Compulsory and non-redeemable. Non-completion of this assessment task will result in an NCN for the entire course.

Value or weighting: The quiz will be assessed on a pass/fail basis, but contributes 0% to the course total. Students must be assessed to have undertaken the task in good faith in order for it to be considered completed.

Release: Released on Wattle on Friday 3 April (end week 5) at 5pm via Wattle.

Due date: Closes Friday 10 April, 5pm.

Estimated return date: Students will have four days to turn around their peer review (ie by 5pm 14 April).

Assessment Task 2

1A. In-class Presentation

Brief Description: Beginning in Week 4 and ending in Week 12, students will have an opportunity to make oral presentations of 15-20 minutes based primarily on the ‘issues for consideration’ for each week’s topic in the course outline. The students will be expected to lead class discussion arising from the presentation for up to 5 minutes. Note that students are entitled to think broadly and critically for their presentations eg they can present 'reflective' pieces, present advocacy strategies, develop critiques or defences of government or NGO approaches etc. Or they can simply present the current state of the law in their chosen area.

The number of presentations will be capped at 16. Selection will be made on a first come, first serve basis once presentation topics are made available on Wattle on the morning of Friday 28 February at 8am. Interested students will email the convenors their three preferred topics (which can include one of their own formulation). The convenors will then allocate topics according to preferences and the time of expression of interest.

The presentations will be made in final session of each relevant week. Two students may make class presentations at each seminar – or more in the event of joint presentations.

Each student making a presentation will submit a summary of approximately 200 words to the course convenor by email before the presentation is given.

The summary will be posted on the presentation page on Wattle, and will also assist in assessment of the class presentation, but assessment of the summary will not result in a lower mark than would be awarded for the oral presentation.

A schedule of class presentations will be posted by the end of week 2 on Wattle.

Students can undertake joint class presentations, but each student must speak separately in order for the lecturer to differentiate student performance.

Class presentations will vary significantly in topic, content, approach, style and technique. As a result, the weighting given to different aspects of the rubric and the expectation of the attainment of key ELOs will differ in each instance. There is not one assessment 'box' into which every student can be placed. The objective of the exercise to allow for diversity to thrive.

Nonetheless, most topics will allow students to develop 'advanced knowledge of the substance, rationale, and history of [relevant] the legal norms' (LO 1); familiarity with the legal problems arising out of interpretation and application of the Convention [or indeed other relevant instruments] (LO 2); an ability to discuss policy issues thereby generated (LO 3); an ability to identify relevant sources critiquing Australian law and policy (LO 4 – this will clearly not be relevant to all presentations); to attain technical skills for ascertaining and communicating an independent understanding of different perspectives of the legal / policy / theoretical issues researched (ELOs 5-6) and, where relevant, develop a critical understanding of the role of lawyers and law to the problem at hand (LO 7).

Nature of task: Compulsory (unless submitting "1B. Submission on behalf of a hypothetical claimant"), and non-redeemable. Non-completion of this assessment task will result in receiving 0 for the task.

Value or weighting: 25% (Or 0% if 1B is completed instead)

Release: 8.00am Tuesday 28 February.

Due date: Presentations will take place between weeks 4 and 12.

Word limit: N/A

Extensions: Extensions of time for delivery of class presentations will only be granted in special circumstances.

Estimated return date: Two weeks after presentation via Wattle.

Individual Assessment in Group Tasks: Where students deliver a joint law reform submission, they will receive a joint assessment, but individual feedback based on their identified contributions in keeping with ANU policy which requires that students be provided with an opportunity to demonstrate their skills as individuals.

Assessment Task 3

1B. Submission on behalf of a hypothetical claimant

Brief Description:?

Nature of task: Compulsory (unless delivering a class presentation as described in "1A. In-class Presentation"), and non-redeemable. Non-completion of this assessment task will result in receiving 0 for the task.

Value or weighting: 25% (Or 0% if 1A is completed instead)

Release: Friday 3 April, on Wattle

Due date: Tuesday 5 May at 4:00pm (week 8)

Word limit: 1,750 words

Late penalties: Late submissions without an extension will be accepted, although late penalties will apply.

Estimated return date: Week 11 Online.

Assessment Criteria:

1.Understanding and discussion of relevant law and policy

2.Critical and analytical response to relevant material or question/task.

3. Creativity and originality of approach

4. Research of primary legal (case law and legislation) and scholarly secondary sources.

(a) Primary legal materials (legislation, case law, international instruments if relevant)

(b) Scholarly secondary materials (journals, monographs etc)

5. Structure including logical development of content/material.

6. Engagement with audience in terms of tone, eye contact, pace and delivery.

7. Awareness and effective use of time

Assessment Task 4

2A. Research Assignment

Brief Description: The research assignment is designed to give students an opportunity to explore a specific issue in refugee law in depth, engaging with the scholarship and jurisprudence in the area. Topics can vary from an examination of contemporary case law in Australia or overseas, to questions about the current state of the discipline from a theoretical perspective. The lecturers will provide a list of suitable topics on WATTLE in Week 3. However, students are encouraged to formulate their own topics. These can be based on, but cannot be identical to, the topic upon which a student writes or presents in assessment tasks 1A or 1B. The topic must be approved by the convenors by the end of week 8 (at the latest)

As with class presentations, research papers will vary significantly in topic, content, orientation, approach, style and technique. As a result, the weighting given to different aspects of the rubric and the expectation of the attainment of key LOs will differ in each instance. For instance, some students may choose to focus on theoretical and critical issues, others will want to dig into a specific legal problem using traditional legal tools. Some will write in a polemical style; others will approach their topic with more detachment. These are all legitimate approaches, allowing students to place weight on the development of different but complementary skills.

Despite this deliberate diversity, all topics will provide students with an opportunity to develop 'advanced knowledge of the substance, rationale, and history of [relevant] the legal norms' (LO 1); familiarity with the legal problems arising out of interpretation and application of the Convention [or other relevant instruments] (LO 2); an ability to discuss policy issues thereby generated (LO 3); an ability to identify relevant sources critiquing Australian law and policy (LO 4 – this will clearly not be relevant to non-Australian topics); to attain technical skills for ascertaining and communicating an independent understanding of different perspectives of the legal / policy / theoretical issues researched (LOs 5 and 6) and, where relevant, sharpen their critical understanding of the role of lawyers and law to the problem at hand (LO 7). As noted, however, different LOs will come to fore depending upon the topic developed.

Nature of task: Compulsory (unless undertaking Law Reform Submission) and non-redeemable. Non-completion of this assessment task will result in a 0 for the task

Value or weighting: 75%

Release: Essay topics will be released on Wattle in Week 3. All students must confirm what topic they are doing by the end of Week 8 at latest.

Due date: Thursday 11 June at 5.00 pm, submitted on Turnitin and Hardcopy.

Word Limit: 4,000-4,200 words

Extensions: Extensions are permitted but a penalty for late submission will be imposed. See later in this class summary.

Referencing Requirements: Refer to the current edition of the AGLC

Other requirements: Text should be double-spaced. A Bibliography must be included.

Estimated return date: The research papers will be returned to students with the marker’s comments at the end of the examination period via the Services Office. However, students are encouraged to meet with one of the lecturers to discuss their progress and methodology during the Semester.

Assessment Criteria:

1.Understanding and discussion of relevant law

2.Argument and response to question

3.Critical evaluation of material

4. Creativity and originality of approach

5. Research of primary legal (case law and legislation) and scholarly secondary sources.

(a) Primary legal materials (legislation, case law, international instruments if relevant)

(b) Scholarly secondary materials (journals, monographs etc)

6.Referencing and compliance with AGLC.

7. Effective use of words and word limit to address key issues

8.Expression and written communication including use of legal terminology, spelling etc.

9. Structure including logical development of content/material.

10. Effective use of headings.

Assessment Task 5

2B. Law reform submission

Brief Description:? This component is aimed at encouraging students to think deeply about current problems with, and potential changes to, refugee law. The student/s must research parts of the relevant law warranting review or reform and use case studies to illustrate the need for review or reform. The area of law can be domestic or international, and must be approved by the lecturers. Students can undertake a submission jointly. Members of a group must submit a ‘statement’ of contributions within the group, in which they acknowledge that they all contributed equally (or set out how the load was spread), and identify their respective contributions.

The law reform submission provides an opportunity for students to develop a very specific skill set and communication technique. Guidance will be given to students interested in taking this option instead of the Research Assignment. Although the assessment criteria will be somewhat different as a result, the length of the piece will ensure that an opportunity to develop all LOs.

In the course of researching and analysing a specific legal problem, and writing a persuasive law reform submission, students will be provided with an opportunity to develop 'advanced knowledge of the substance, rationale, and history of [relevant] the legal norms' (LO 1); familiarity with the legal problems arising out of interpretation and application of the Convention [or other relevant instruments] (LO 2); an ability to discuss policy issues thereby generated (LO 3); an ability to identify relevant sources critiquing Australian law and policy (LO 4 – this will clearly not be relevant to non-Australian topics); to attain technical skills for ascertaining and communicating an independent understanding of different perspectives of the legal / policy / theoretical issues researched (LOs 5 and 6) and, in particular, sharpen their critical understanding of the role of lawyers and law to the problem at hand (LO 7).

Value or weighting: 75%

Release: The lecturers may suggest potential topics as they arise. Students must confirm what topic they are doing by the end of Week 8 at latest.

Due date: Thursday 11 June at 5.00 pm on Turnitin.

Word Limit: 4,000-4,200 words

Extensions: Extensions are permitted but a penalty for late submission will be imposed. See later in this class summary.

Referencing Requirements: Refer to the current edition of the AGLC.

Other requirements: Text should be double-spaced. A Bibliography must be included.

Estimated return date: The research papers will be returned to students via the Services Office with the marker's comments at the end of the examination period. However, students are encouraged to meet with one of the lecturers to discuss their progress and methodology during the Semester.

Individual Assessment in Group Tasks: where students deliver a joint law reform submission, they will receive a joint assessment, but individual feedback based on their identified contributions in keeping with ANU policy which requires that students be provided with an opportunity to demonstrate their skills as individuals.

Assessment Criteria:

1. Understanding and discussion of relevant legal and policy issues

2. Argument and response to question

3. Critical evaluation of material

4. Creativity and originality of approach

5. Research of primary legal (case law and legislation) and scholarly secondary sources.

(a) Primary legal materials (legislation, case law, international instruments if relevant)

(b) Scholarly secondary materials (journals, monographs etc)

6. Referencing and compliance with AGLC.

7. Effective use of words and word limit to address key issues

8. Expression and written communication including use of legal terminology, spelling etc.

9. Structure including logical development of content/material.

10. Effective use of headings.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. At its heart, academic integrity is about behaving ethically, committing to honest and responsible scholarly practice and upholding these values with respect and fairness.

The ANU commits to assisting all members of our community to 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 be familiar with the academic integrity principle and Academic Misconduct Rule, 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 Academic Misconduct Rule is in place to promote academic integrity and manage academic misconduct. Very minor breaches of the academic integrity principle may result in a reduction of marks of up to 10% of the total marks available for the assessment. The ANU offers a number of online and in person services to assist students with their assignments, examinations, and other learning activities. Visit the Academic Skills website for more information about academic integrity, your responsibilities and for assistance with your assignments, writing skills and study.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. Unless an exemption has been approved by the Associate Dean (Education) submission must be through Turnitin.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• 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.

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.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted 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.

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