'Compliance, visa cancellation and review' takes students into the fascinating world of migration compliance and sanction regime as set out in the Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth) and explores a range of mechanisms for review of migration and refugee related decisions 'when things go wrong'. Through investigations, critical analysis and effective advocacy on issues such as visa cancellation and refusal, this course offers unique insight into the operations of Australia's immigration compliance system. The course also enables students to examine review options (including ministerial intervention) and complaints to the Commonwealth Ombudsman and the Australian Human Rights Commission.
This course will inform academic scholarship in this area and increase students’ expertise in practice by teaching them to refer to legislation first, then analyse complex cases and correctly interpret legislation and policy. Students will learn how to apply their integrated knowledge when providing migration related legal services and managing client and stakeholder relationships. Students will be required to conduct research to evaluate law and policy on compliance issues and produce submissions for the consideration of decision makers.
The course complements and expands the knowledge and skills needed in professional legal practice. It is one of the four courses on aspects of migration law and practice. The other three course are 'Principles of Australian Migration Law and Practice', 'Family, humanitarian and other non-skilled visas' and 'Skilled, employer sponsored and business visas'.
Upon successful completion, students will have the knowledge and skills to:
- Research, critically evaluate and synthesise complex statutory requirements and procedures relating to compliance, visa refusal and cancellation and other sanctions, including merits review and judicial review rights
- Research, plan and develop submissions to relevant government agencies on behalf of clients, in particular, the Department of Home Affairs and Administrative Appeals Tribunal
- Plan, prepare and evaluate strategies for communicating, negotiating with and representing key stakeholders, including clients and government, on visa cancellation and review matters before the Department, the Administrative Appeals Tribunal or the courts
- Critically reflect on and apply the ethical and professional standards of migration law practitioners and their obligations under the Code of Conduct, duty of care, informed consent and the nature of independent advice
- Design, theorise, plan, execute and evaluate a research-based project relating to migration and refugee law and policy or legal practice
- Assessment Task 1: Problem-based Assignment (letter of advice to client or submission) (30) [LO 1,2,3,4]
- Assessment Task 2: Observation of hearings at the Administrative Appeals Tribunal and a written reflection (20) [LO 1,2,3,4,5]
- Assessment Task 3: Research Essay (50) [LO 1,2,3,4,5]
In response to COVID-19: Please note that Semester 2 Class Summary information (available under the classes tab) is as up to date as possible. Changes to Class Summaries not captured by this publication will be available to enrolled students via Wattle.
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This is a 6 unit course which has the equivalent full time student load (EFTSL) of 6/48 = 0.125. The number of study hours allocated to an EFTSL of 0.125 is 10 – 12 hours per week. Continuous online participation is required throughout the course, as students must participate in discussion forums and other activities.
Requisite and Incompatibility
There are no prescribed texts.
Legislation and relevant government agency policy is available online via the LEGENDcom subscription service and accessible to students enrolled in the course.
Government agency reports and other publications.
Parliamentary reports and submissions
A list of selected case law, books, journal articles, audio and video recordings will be provided in topic readings and resources on the Wattle course site.
It will be assumed that students or participants (CPD and audit) have some knowledge of, or experience in, constitutional law, administrative law, contract law, corporations law, legal drafting, statutory interpretation or related study or experience.
Those who do not will be provided with links on the Wattle site to information and are expected to manage their own learning to attain basic background knowledge.
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:
- 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.
Offerings, Dates and Class Summary Links
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.