Year
2024Credit points
10Campus offering
Prerequisites
Nil
Unit rationale, description and aim
With the onset of a more rigid migration policy, visa cancellations and refusals have become more prevalent in our professional landscape. The role of advocacy to the Tribunals and review advocacy skills are therefore increasingly a necessary part of a migration professional's armory. It is imperative that a migration professional possess the requisite skills to advocate persuasively and effectively and, develop attributes that enable them to communicate not only with Tribunals and Courts but also with the Minister and importantly, with their clients. On completion of this unit, students should demonstrate the advanced skills in advocacy needed to undertake relevant research to prepare appropriate professional diagnosis of a client's situation and present concise and ethical communication and submissions for both judicial and non-judicial applications for review and to other stakeholders.
Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
| Learning Outcome Number | Learning Outcome Description | Relevant Graduate Capabilities |
|---|---|---|
| LO1 | Locate, navigate and interpret Migration legislation and identify the role of policy | GC1, GC2, GC3, GC4, GC7, GC8, GC9, GC10, GC11, GC12 |
| LO2 | Identify the jurisdiction of Tribunals and Courts with respect to visa cancellation and refusals | GC1, GC2, GC4, GC7, GC8, GC9, GC10, GC11, GC12 |
| LO3 | Research, formulate and implement appropriate strategies for providing concise and effective practical advice to clients, and submissions to Tribunals | GC1, GC2, GC4, GC7, GC8, GC9, GC10, GC11, GC12 |
| LO4 | Demonstrate the use of effective and persuasive oral and written communication skills and techniques appropriate to advocate on behalf of a client to an administrative decision maker. | GC1, GC2, GC4, GC5, GC6, GC8, GC9, GC10, GC11, GC12 |
Content
Topics will include:
- Introduction to Advocacy and Review
- Advocacy
- AAT
- Migration Division
- Refugee Division
- IAA
- Ministerial Intervention
- Privative Clause
- Jurisdictional Error
- Judicial Review
Learning and teaching strategy and rationale
This is the fourth unit in the Graduate Diploma in Australian Migration Law and Practice. It is the prescribed qualification for initial registration with the Office of Migration Agents Registration Authority (OMARA) as per s289A of the Migration Act 1958 (Cth).
It is imperative that a migration professional possess the requisite skills to advocate persuasively and effectively and develop attributes that enable them to communicate not only with Tribunals and Courts but also with the Minister and importantly, with their clients. On completion of this unit, students should demonstrate the advanced skills in advocacy needed to undertake relevant research to prepare appropriate professional diagnosis of a client’s situation and present concise and ethical communication and submissions for both judicial and non-judicial applications for review and to other stakeholders.
This unit will be delivered in online mode only. We have taken an online learning approach to provide accessibility and flexibility to our post graduate students and a student focused approach that increases depth of learning and engagement through actively utilising Canvas.
Assessment strategy and rationale
This graduate course is the prescribed qualification for registration with OMARA to provide migration advice. On completion of all units, students who wish to apply for registration will also sit an independent capstone examination regulated by OMARA.
The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed. Occupational Competency Standards have been produced by the Department of Home Affairs and have guided our assessment as the underpinning knowledge and skills required by a migration law practitioner.
Overview of assessments
| Brief Description of Kind and Purpose of Assessment Tasks | Weighting | Learning Outcomes |
|---|---|---|
Engagement in designated online activities and reflective journal | 20% | LO1, LO2, LO3, LO4 |
Research assignment and applied problem solving | 40% | LO1, LO2, LO3, LO4 |
Presentation of submissions at merits review | 40% | LO1, LO2, LO3, LO4 |
Representative texts and references
Austlii http://www.austlii.edu.au
Legendcom http:// http://www.border.gov.au/Trav/Visa/LEGE
Australian Guide to Legal Citations, Third Edition
Acts Interpretation Act 1901 (Cth)
Legislative Instruments Act 2003 (Cth)
Migration Act 1958 (Cth), Part 3, Migration Agents and Immigration Assistance
Migration Agents Registration Application Charge Act 1997
Migration Regulations 1994
Migration Agents’ Regulations 1998
Department of Home Affairs Procedural Instructions and Policy
Office of the Migration Agents Registration Authority http://www.mara.gov.au
Occupational Competency Standards, Department of Home Affairs