'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'.

Learning Outcomes

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

1. 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
2. Research, plan and develop submissions to relevant government agencies on behalf of clients, in particular, the Department of Home Affairs and Administrative Appeals Tribunal
3. 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
4. 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
5. Design, theorise, plan, execute and evaluate a research-based project relating to migration and refugee law and policy or legal practice

Research-Led Teaching

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. Your submission will be re-marked by a new examiner.

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.

 

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.

 

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/.

 

Sub-Dean, GDLP/MLP

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

Wellbeing Support Services for Lawyers

You will find wellbeing support information for lawyers on the ANU School of Legal Practice website.

We also encourage you to read Being Well in the Law – a guide for lawyers which is a toolkit is provided by the NSW Law Society, written by our ANU Academics.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Topic 1: Key concepts (week commencing 27 July)	Assessment Tasks 2 and 3 instructions released: Monday, 27 July 2020
2	Topic 2: Compliance and compliance visas (week commencing 3 August)
3	Topic 3: Visa cancellation – General grounds (week commencing 10 August)	Assessment Task 1 instructions released: Wednesday, 12 August 2020
4	Topic 4: Visa cancellation – Character grounds (week commencing 17 August)
5	Topic 4: Visa cancellation – Character grounds cont'd... (week commencing 24 August)	Assessment Task 1 due: Wednesday, 26 August 2020 11.55pm (AEST)
6	Topic 5: Merits review of migration decisions (week commencing 31 August)	Please note: Semester 2 break from 7 - 18 September
7	Topic 5: Merits review of migration decisions cont'd... (week commencing 21 September)
8	Topic 6: Advocacy (week commencing 28 September)
9	Topic 6: Advocacy cont'd... (week commencing 5 October)
10	Topic 7: Judicial review of migration decisions (week commencing 12 October)
11	Topic 7: Judicial review of migration decisions cont'd... (week commencing 19 October)
12	Topic 8: Ministerial intervention and other avenues of review (week commencing 26 October)	Assessment Task 2 & 3 due: Friday, 30 October 2020 11.55pm (AEDT)

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Assignment (35%)	35 %	26/08/2020	09/09/2020	1,3,4
Discussion Forum Posts (15%)	15 %	30/10/2020	27/11/2020	1,2,3,4,5
Research Essay (50%)	50 %	30/10/2020	27/11/2020	1,2,3,4,5

* 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 Academic Integrity . 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.

Participation

You must complete & submit ALL assessment tasks in order to pass this course.

Check Wattle 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.

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 Standard Time (AEST): from 5 April 2020 to 3 October 2020. 
• Australian Eastern Daylight Time (AEDT): from 4 October 2020 to 4 April 2021.

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

Assessment Task 1

Assignment (35%)

Format: Letter of advice – set questions.

Assessment Instructions Release Date: Wednesday, 12 August 2020

Relationship between Assessment Task and the Course Objectives: The assessment will ask students to draft a letter of advice to client that address specific legislative provisions and/or visa refusal or cancellation decisions. This will allow students to research and apply knowledge and concepts that underpin the compliance and sanction regimes under the Migration Act, and analyse and identify requirements that are specific to decision-making in these areas. Students will draw on knowledge they have gained through course readings, resources, discussion forums and classes to formulate the letter of advice on given scenarios. Independent research of migration legislation and policy will also be essential for success in this assessment.

Submission Date: Wednesday, 26 August 2020 11.55 pm (AEST)

Length: 2500 words inclusive of footnotes.

Estimated Date of Results: Wednesday, 9 September 2020

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 clearly and appropriately identifies all external sources they rely on in their assignment
• The student demonstrates adherence to the ANU guidelines on presentation, style, referencing and word limits

Assessment Task 2

Discussion Forum Posts (15%)

Format: This task is assessed throughout Semester 2 for posts made by the student before Friday, 30 October 2020. An overall final grade will be given on the quality and word length of those posts. 

Assessment Instructions Release Date: Discussion forum questions will be posted by the Convenor for each Topic progressively, commencing on Monday, 27 July 2020.

Relationship between Assessment Task and the Course Objectives: This assessment allows students to engage in critical analysis of topics related to compliance and review of visa refusal and cancellation decisions, and advocacy. It assists students to contextualise the laws that they research, synthesise and critically evaluate law and policy in these areas. It also aims to help students critically analyse complex issues, reflect on the serious consequences of visa decisions and implications of legislative development, as well as their professional and ethical obligations for clients.

Submission Date: Friday, 30 October 2020 11.55pm (AEDT)

Length: Minimum 650 words inclusive of references and footnotes, no maximum word limit.

Estimated Date of Results: Friday, 27 November 2020

Assessment Criteria:

Understanding of the Issues

• The student addresses the question and covers all the important points
• The student demonstrates that they give close consideration of the question and draw on the research materials
• The student covers issues raised by the topic which are clearly and concisely identified and analysed

Argument and Analysis

• The student shows originality of ideas and critical analysis of the material
• The student is able to examine complex issues and provide insight in dealing with theory / ideas
• The student is able to draw well-reasoned conclusions

Presentation, style and referencing

• The student shows clarity and conciseness of expression, their work is interesting and engaging for the reader
• The student uses appropriate terminology, correct grammar, syntax and spelling
• The student clearly and appropriately identifies all external sources they rely on in their posts
• The student demonstrates adherence to the ANU guidelines on presentation, style, referencing and word limits

Assessment Task 3

Research Essay (50%)

Format: Essay – Set research topic.

Assessment Instructions Release Date: Monday, 27 July 2020

Relationship between Assessment Task and the Course Objectives: The research essay must address the given research topic. Instructions and research topic will be provided. The research essay enables you to develop skills in analysis and research, and apply these to aspects of visa compliance and review within the Australian migration law framework. You will analyse specific types of visa refusal and cancellation decision-making and related legislative provision or policy, relevant case law, and investigate the mechanisms for merits and judicial review, ministerial intervention or other forms of review / complaint making. You will draw on key topics and issues that have been addressed through course readings, resources, discussion forums and classes. Independent research will also be essential for success in this assessment.

Submission Date: Friday, 30 October 2020 11.55pm (AEDT)

Length: 3500 words inclusive of footnotes

Estimated Date of Results: Friday, 27 November 2020

Assessment Criteria:

Understanding of the Issues

• The issues raised by the topic are considered, clearly identified and presented in the 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 their ability to organize sources, integrate material from research resources into the essay

Presentation, style and referencing

• The student presents the essay in a grammatically correct manner with a clear and concise use of structure, paragraphs and section headings where applicable
• The student uses appropriate terminology, correct grammar, syntax and spelling
• The student clearly and appropriately identifies all external sources they rely on in their essay
• The student demonstrates adherence to the ANU guidelines on presentation, style, referencing and word limits

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

• Assessment Task 2 (Discussion Forum Posts) will be assessed in Wattle only.
• Assessment Tasks 1 and 3 are to be dual submitted using both Turnitin and the Wattle drop box in the course Wattle site. 
• Specific requirements on submission will be provided in the assessment instructions.

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

Resubmission of Assignments

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