This course will focus on the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol, that assist in the interpretation, construction and critique of these instruments. Attention will be paid to national implementation of refugee protection and status determination procedures in Australia, comparing and contrasting internationally.? 

The origins of the international system of protection will be addressed, 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; ‘environmental' refugees and internally displaced persons; and a consideration of possible future directions for refugee law.?? 

A student who has successfully completed this course should have an in-depth 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; and? 
• the legal problems affecting national interpretations and application of refugee concepts, with particular emphasis on definitional problems, status determination procedures and non-refoulement.? 

To develop their knowledge and skills, students will engage in a range of learning activities, including interactive seminars, online forums for discussing news and current events, case studies and problem-solving exercises, readings, podcasts and items that allow us to hear from those with lived experience of forced migration.  

Learning Outcomes

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

1. Investigate and interpret 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. Analyse the various policy issues raised by the implementation of international and domestic protection systems in light of contemporary circumstances.
4. Synthesise and apply relevant Australian refugee law legislation, case law, policy and determination, in order to resolve refugee law problems.
5. Plan, design and execute refugee law research and communicate findings in oral and/or 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 course convenor. Matthew teaches in the public, refugee, human rights, environmental and comparative constitutional law programs. His refugee law-related research has focused upon the neo-colonial nature of resettlement policies, the political theology of refugee discourses (especially around 'autonomy' and 'authenticity'), the construction of refugee identity through legal narrative, and Israel's ideological war on UNRWA. His long term project involves bringing together those with lived experience of displacement to rewrite judgments.

Field Trips

No field trips, but we will hold at least one 'movie evening', with students voting on which films to watch.

Required Resources

All reading resources will be accessible via the Reading Guide available on Canvas and through Leganto.

Recommended Resources

See Reading Guide available on Canvas for bibliography and resources.

Whether you are on campus or studying online, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.

ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.

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). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length:https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

Further information about the course: is available from the course Canvas page. Students are required to access the Canvas site regularly throughout the course for any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website (https://www.anu.edu.au/students/academic-skills/academic-integrity) provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide (https://libguides.anu.edu.au/generative-ai) is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site (https://www.anu.edu.au/students/academic-skills) provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU Law School Academic Integrity and Misconduct site (https://law.anu.edu.au/academic-integrity-and-misconduct) provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	I. Refugee Law: history, context and foundational principlesCritical perspectives on modern refugee lawa) Reading contemporary affairs as an international refugee lawyerb) The origins, evolution and structure of refugee lawc) Refugee law - a view from the South (intro to TWAIL)
2	Principles of Refugee Law: d) Non-refoulement and asylum – contours, content and controversies
3	Principles of Refugee Law: e) Reconceptualising/weaponising the legal border: deterrence, detention, externalisation and extraterritoriality (intro to legal geography)
4	II. Refugee Definitiona) Exploring the refugee definition: Australian contexts & jurisprudence
5	b) The refugee definition (cont) – status determination, credibility, narrative identities, and refugee voices
6	c) Excluding the ‘non-deserving’ – art 1F and beyond
7	d) Palestinian refugees, Gaza and UNRWA
8	e) Gender and critical perspectives of the definition
9	III. Protection and Solutionsa)   International protection and institutional supervision –UNHCR’s protection role and theories of protection
10	b) Solutions, cooperation and ‘solidarity’
11	c) Australian approaches to protection and solutions
12	d) Regional perspectives on protection and solutions – European, American and African regimes, and refugee ‘crises’

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. MyTimetable (MyTT) tutorial allocations are done on a first-come, first-served basis. If you hold a current EAP stating that you require priority selection, you will need to contact the College Student and Education Support team before MyTT opens.

If you are unable to secure a spot in your preferred timeslot, we recommend enrolling in another tutorial and joining the waitlist (indicated by a heart). If spots become available, they are automatically chronologically allocated to those on the waitlist.

Should an activity in MyTT clash with another, please contact the College Student and Education Support team with the course and activity details.

Please note that work commitments will not be considered as a reason for requesting a change to your allocation/s. It is expected that students make themselves available on weekdays for tutorials and seminars.

Assessment Summary

Assessment task	Value	Learning Outcomes
Optional Online Quiz	0 %	<br>
Option 2A: In-class or Video Presentation	35 %	1,2,3,4,5,6
Option 2B: Submission on Behalf of a Hypothetical Claimant	65 %	1,2,3,4,5,6

* 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 Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

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 Skills 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 ‘Canvas’ 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

For all courses taught in any mode (whether face to face or online), the ANU College of Law, Governance and Policy considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Optional Online Quiz

Details of Task: The quiz will consist of 10 multiple choice questions to be answered online within 50 minutes. The questions will focus on knowledge of the principles of refugee law arising from weeks 1-6.

Nature of the Task: Optional. This assessment task is designed to give students an opportunity to receive feedback on their progress in the course.

Weighting: 0%

Release: 9:00am, Thursday 28 August 2025

Due Date: The optional online quiz will remain open for attempts throughout the semester. As this quiz has a zero weighting and is open for more than 24 hours, no time adjustments or extensions shall be applied for this task.

Duration: 50 minutes.

Estimated Return Date: Results are available immediately upon completion of quiz.

Assessment Criteria: This task is marked automatically according to accuracy of understanding of course content.

Assessment Task 2

Option 2A: In-class or Video Presentation

Details of Task: Beginning in Week 4 and ending in Week 12, students will have an opportunity to make oral class presentations of 15 minutes, or a 10 minute video presentation, based primarily on the ‘issues for consideration’ for each week’s topic in the course outline, or a topic of the student's choice approved by Matthew. Note that students are entitled to think broadly and critically for their presentations e.g. they can present 'reflective' pieces, present advocacy strategies, develop critiques or defences of government or NGO approaches, and can incorporate visuals, interviews (real or mock), animations, or any other creative elements that enhance the presentation.

The number of class presentations will be capped at 18. Selection will be made on a first come, first serve basis. Nomination for presentation topics and weeks will be made available at 5pm

on Monday 28 July 2025 (i.e. the start of Week 2). 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 Matthew by email (matthew.zagor@anu.edu.au) before the presentation is given.

The summary will be posted on the presentation page on Canvas 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.

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

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) .

Nature of Task: Compulsory (unless submitting "2B Submission on behalf of a hypothetical claimant"), and non-redeemable. Non-completion of this assessment task will result in receiving 0 for the task.

Weighting: 35% (Or 0% if 2B is completed instead)

Release: 5pm, Monday 28 July 2025.

Due Date: Class presentations will take place in class between weeks 4 and 12. Video presentations are due at 5pm on Wednesday 24 September 2025.Due to the nature of the task, late submissions or extensions are not permitted.

If you are unable to present on the day due to extenuating circumstances and have documentation, please contact the convenor.

Extenuating circumstances that may warrant approval may include, but are not limited to:

- medical reasons (student injury, illness or medical condition, including COVID illness or isolation);

- family/personal reasons (family injury or illness, bereavement);

- cultural or religious commitments; where a cultural or religious event conflicts with the scheduled tutorial.

Please note that approval will not be given for work related reasons.

Estimated Return Date: Two weeks after presentation via Canvas.

Individual Assessment in Group Tasks: Where students deliver a joint presentation, 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 law and policy

2. Critical and analytical response to relevant material or question/task; development of argument and/or answer to the question

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 3

Option 2B: Submission on Behalf of a Hypothetical Claimant

Details of Task: You will be provided with two to four hypothetical claimant situations. Students are to identify the relevant legal issues which arise in one chosen scenario, and to address at least two questions of law in detail by reference to relevant jurisprudence, applying the law to the facts before them. 

The Factual situations will be kept deliberately brief. Students may speculate about the existence and nature of certain facts which would need to be ascertained in an interview, but should not depart unduly from the facts given. Students are expected, where relevant, to refer to relevant country information in their answers. The focus should be on presenting brief but relevant legal arguments by reference to relevant case law and legislation in Australia. Cases from other jurisdictions can be cited, as can UNHCR materials, but not at the expense of Australian jurisprudence on point.

Students have a choice of considering the claims either: a) from the position of a legal representative for the asylum-seeker, making legal arguments for one’s client accordingly; or b) from the position of a lawyer being asked legal advice in which you can discuss the strength of the legal arguments and their likelihood of success.

Nature of Task: Compulsory (unless delivering a class presentation as described in "2A. In-class Presentation"), and non-redeemable. Non-completion of this assessment task will result in receiving 0 for the task.

Value or Weighting: 35% (Or 0% if 2A is completed instead)

Release: 9:00 AM, Friday 22 August 2025 on Canvas.

Due Date: 5:00 PM, Thursday 25 September 2025. Late submissions (without an extension) are permitted, but late penalties will apply. 

Word Limit: 1,500 words, or 15-20 minutes if taking up the option to present oral arguments before a hypothetical member of the Administrative Appeals Tribunal or Judge of the Federal Court.

Estimated Return Date: 20 October 2025.

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

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

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. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

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 tests or examinations.

• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary. 

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

A resubmission refers to the act of re-uploading a submission for an assessment task after an initial submission has already been made. This typically occurs when a student realises they have submitted an incorrect or incomplete document and wishes to upload the correct version.

Resubmissions are permitted up to the due date and time without penalty. After this point, any resubmissions will incur the relevant late penalty with no exceptions.

If you need to request that your original submission be deleted in order to resubmit, please email enquiries.law@anu.edu.au. Do not contact your course convenor directly regarding this matter.

Please note: If a task states that no late submissions are permitted, then resubmissions will not be accepted under any circumstances after the due date and time.

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 Accessibility 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 supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students