LAWS604 - Removal on Character Grounds

Year

Credit points

Campus offering

Prerequisites

Nil

Unit rationale, description and aim

Australia has removed almost 10,000 people in the last decade. The removal of non-citizens from Australia is a significant undertaking, raising policy, law and human rights considerations that will be identified, explored, reviewed, critically analysed and assessed in this unit. The unit will require higher order legal and policy skills and would be suitable for graduate students. It will require deep understanding of what laws and principles need to be invoked, and when and where to do so and why.

This subject will also introduce students to the real world of human rights advocacy in “crim-migration” contexts by actually getting them to engage in human rights advocacy. In doing so, this unit aims to provide a link between prior learning in relation to human rights laws and principles and active engagement in advocacy in support of people whose human rights have been violated. Promoting these social justice activities and practices contributes to the common good and the mission of the University, along with the UN Sustainable Development Goals. 

This unit is a capstone for the Master of Migration Law and Practice but will also be made available to graduate and postgraduate law students as an elective (upon application). It brings together all the knowledge and skills developed by students in the degree and places them in an environment where they will be expected to provide practical (lay) advocacy support to victims of human rights abuses and to organizations that are actively involved in human rights work.

Students will be involved in work that aims to make a practical difference in the field of human rights, for example, by developing a draft UN communication, conducting research to support a complaint, preparing a report at the request of an NGO, or other similar human rights advocacy initiative.

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.

Content

Indicative topics might include:

1. Constitutional foundations

2. Review of key laws (the Migration Act)

3. Review of key regulations (Direction 99 and its predecessors)

4. Analysis of crucial case law

5. Key contemporary human rights challenges and work to do

6. Develop of strategic responses

7. Human rights advocacy in this context

8. Reform 

Learning and teaching strategy and rationale

This unit comprises 150 hours of study in total.

The unit is designed to be delivered in intensive, weekly or online. Other study components include on-line webinars, podcasts, readings, discussion forums to facilitate the synthesis of ideas and provide flexibility for students to draw upon the opportunities of face to face social experiences for essential skill development with expert support.

 Our strategy is to encourage students to actively engage with unit content and their peers; to provide a clear link between lecture content and tutorial practicum to develop skills that bridge the gap between theory and practice. Within an integrated learning framework, lectures will provide core content relating to the topics identified above and begin the process of exploration, which will be followed by detailed explanation and further investigation in tutorials. Through direct interaction between students and teachers, students are encouraged to engage in critical analysis of the foundational knowledge they acquire; to test that knowledge by applying it to factual situations; to produce solutions supported by legal authorities and arguments; and to reflect on their learning. Each component is intended to build on knowledge and skills and progressively scaffold student learning.

 The online learning platforms used in this unit provide multiple preparatory and practice opportunities to guide in-class and out-of-class study. Technology assistance in the form of online learning resources, notices, assessment information (including online submission, marking and return of results/feedback), is student focused, affording greater accessibility and flexibility to the learning experience. 

 Students will be assigned a human rights challenge, for example, developing a UN communication or submitting a report for a universal periodic review, and then be invited to engage in a series of assessment tasks advancing the principal human rights objective. Themes will change from time to time based on contemporary human rights challenges. At all times University safety protocols and rules will be complied with.  

Assessment strategy and rationale

A workshop style instruction method has been adopted because at this stage in their degree, students will have the knowledge to apply, but may need a “guide on the side” to help them resolve questions and challenges associated with practical advocacy tasks.

 The assessment strategy allows the student to develop their knowledge and skills progressively. First, students will be assigned to teams and set a human rights task/challenge, and then students will work in teams to develop a brief 2-3 page strategy document in an approved format outlining a strategy for addressing the human rights challenge, critically evaluating its prospects of success, positives and negatives. This first task enables students to demonstrate their knowledge of Human Rights principles.

 Second, the group/team will review their strategy and then prepare a human rights action, such as communication to a UN treaty body. Further developing their understanding through synthesizing this knowledge and applying their understanding.

 Finally, will present their work to the class by producing an online seminar. Enabling them to actively participate in Human Rights advocacy issues.

In order to pass this unit, you are required to obtain a minimum of 50% total marks.

The assessment tasks for this unit are designed for you to demonstrate your achievement of each learning outcome. 

Overview of assessments

Representative texts and references

This unit requires you to use the Australian Guide to Legal Citation, fourth edition (AGLC4) referencing system.