Students

LAWS8037 – Refugees and Migration Law

2023 – Session 2, Online-scheduled-weekday

General Information

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Unit convenor and teaching staff Unit convenor and teaching staff
Christoph Sperfeldt
christoph.sperfeldt@mq.edu.au
Credit points Credit points
10
Prerequisites Prerequisites
Admission to LLM or (Admission to JD and LAWS600 or LAWS8001)
Corequisites Corequisites
Co-badged status Co-badged status
Unit description Unit description

This unit adopts an interdisciplinary approach to understand and critically engage with the legal frameworks governing the rights of refugees and other forced migrants. Students will develop a robust understanding of the international refugee law system, as well as its implementation and operation in Australia and abroad. This will involve an examination of the elements of the refugee definition in the Convention on the Status of Refugees and other relevant protections under international law, mechanisms in place for refugee status determination and appeals, and the jurisprudence that has developed internationally and in Australia relating to the rights of asylum seekers, refugees and other persons in need of protection. Refugee protection is one of the most controversial issues in Australian and international politics today. We will explore the historical and political climate in which international instruments and domestic policies were created, and the contemporary context in which they are implemented. The doctrinal and political understanding of the current state of refugee protection will lay the groundwork for a critical engagement with current practices and developing policy and law reform proposals aimed at enhancing refugee protection.

Important Academic Dates

Information about important academic dates including deadlines for withdrawing from units are available at https://www.mq.edu.au/study/calendar-of-dates

Learning Outcomes

On successful completion of this unit, you will be able to:

  • ULO1: Articulate a comprehensive understanding of the definition of a refugee in the UN Convention relating to the Status of Refugees
  • ULO2: Critically evaluate Australia's current refugee and border control policies, their compatibility with international law, and their impact on the refugee policies of other countries
  • ULO3: Engage in nuanced, original and critical reflection on the social and political dimensions of the refugee debate
  • ULO4: Create novel policy and law reform proposals aimed at enhancing refugee protection in Australia and abroad
  • ULO5: Critically evaluate the strengths and shortcomings of the current international refugee protection regime

General Assessment Information

Late Assessment Submission Penalty  

Unless a Special Consideration request has been submitted and approved, a 5% penalty (of the total possible mark) will be applied each day a written assessment is not submitted, up until the 7th day (including weekends). After the 7th day, a mark of ‘0’ (zero) will be awarded even if the assessment is submitted. Submission time for all written assessments is set at 11.55pm. A 1-hour grace period is provided to students who experience a technical issue. 

This late penalty will apply to non-timed sensitive assessment (incl essays, reports, posters, portfolios, journals, recordings etc). Late submission of time sensitive tasks (such as tests/exams, performance assessments/presentations, scheduled practical assessments/labs etc) will only be addressed by the unit convenor in a Special consideration application. Special Consideration outcome may result in a new question or topic. 

Assessment Tasks

Name Weighting Hurdle Due
Research Project Plan 30% No 18/09/2023, 11:55pm
Research/Policy Paper 60% No 06/11/2023, 11:55pm
Active unit participation 10% No ongoing

Research Project Plan

Assessment Type 1: Plan
Indicative Time on Task 2: 30 hours
Due: 18/09/2023, 11:55pm
Weighting: 30%

 

This task will involve developing proposal for a research paper or policy reform. Students will be required to develop their own research question, in consultation with the tutors and/or convenor.

 
On successful completion you will be able to:
  • Articulate a comprehensive understanding of the definition of a refugee in the UN Convention relating to the Status of Refugees
  • Critically evaluate Australia's current refugee and border control policies, their compatibility with international law, and their impact on the refugee policies of other countries
  • Engage in nuanced, original and critical reflection on the social and political dimensions of the refugee debate

Research/Policy Paper

Assessment Type 1: Professional writing
Indicative Time on Task 2: 54 hours
Due: 06/11/2023, 11:55pm
Weighting: 60%

 

For this task, students will build on their research proposal to write up a substantial research or policy paper

 
On successful completion you will be able to:
  • Articulate a comprehensive understanding of the definition of a refugee in the UN Convention relating to the Status of Refugees
  • Critically evaluate Australia's current refugee and border control policies, their compatibility with international law, and their impact on the refugee policies of other countries
  • Engage in nuanced, original and critical reflection on the social and political dimensions of the refugee debate
  • Create novel policy and law reform proposals aimed at enhancing refugee protection in Australia and abroad
  • Critically evaluate the strengths and shortcomings of the current international refugee protection regime

Active unit participation

Assessment Type 1: Participatory task
Indicative Time on Task 2: 12 hours
Due: ongoing
Weighting: 10%

 

Students will be required to prepare for classes and actively contribute to discussion and activities

 
On successful completion you will be able to:
  • Articulate a comprehensive understanding of the definition of a refugee in the UN Convention relating to the Status of Refugees
  • Critically evaluate Australia's current refugee and border control policies, their compatibility with international law, and their impact on the refugee policies of other countries
  • Engage in nuanced, original and critical reflection on the social and political dimensions of the refugee debate
  • Create novel policy and law reform proposals aimed at enhancing refugee protection in Australia and abroad
  • Critically evaluate the strengths and shortcomings of the current international refugee protection regime

1 If you need help with your assignment, please contact:

  • the academic teaching staff in your unit for guidance in understanding or completing this type of assessment
  • the Writing Centre for academic skills support.

2 Indicative time-on-task is an estimate of the time required for completion of the assessment task and is subject to individual variation

Delivery and Resources

There are more people forcibly displaced around the world today than at any other time in modern history. This unit adopts an interdisciplinary approach to understand and critically engage with the legal frameworks governing the rights of these persons. Students will develop a robust understanding of the international refugee law system, as well as its implementation and operation in Australia and abroad.

This will involve an examination of the elements of the refugee definition in the Convention on the Status of Refugees and other relevant protections under international law, mechanisms in place for refugee status determination, and the jurisprudence that has developed internationally and in Australia relating to the rights of asylum seekers, refugees and other persons in need of protection.

Refugee protection is one of the most controversial issues in Australian and international politics today. We will explore the historical and political climate in which international instruments and domestic policies were created, and the contemporary context in which they are implemented. The legal and political understanding of the current state of refugee protection will lay the groundwork for a critical engagement with current practices and developing policy and law reform proposals aimed at enhancing refugee protection, domestically, regionally or internationally.

There is no prescribed textbook for the unit. Links to the weekly readings can be found on the ilearn page. The readings for the international law sections are drawn predominantly from James C Hathaway and Michelle Foster, The Law of Refugee Status (Cambridge University Press, 2nd ed, 2014), which is available electronically through the MQ library website.

Unit Schedule

1: The Politics of Refugee Protection

2: Legal and Institutional Frameworks

3: The Definition of a Refugee I

4: The Definition of a Refugee II

5: Exclusion, Cessation and Protection Elsewhere

6: Complementary Protection

7: Climate Displacement

8: Refugee Status Determination Procedures

9: Deterrence: Detention, Temporary Protection and Return

10: Blocking Access to Asylum

11: Cooperation and Responsibility Sharing

12: Resettlement, Local Integration and Safe Pathways to Protection

Policies and Procedures

Macquarie University policies and procedures are accessible from Policy Central (https://policies.mq.edu.au). Students should be aware of the following policies in particular with regard to Learning and Teaching:

Students seeking more policy resources can visit Student Policies (https://students.mq.edu.au/support/study/policies). It is your one-stop-shop for the key policies you need to know about throughout your undergraduate student journey.

To find other policies relating to Teaching and Learning, visit Policy Central (https://policies.mq.edu.au) and use the search tool.

Student Code of Conduct

Macquarie University students have a responsibility to be familiar with the Student Code of Conduct: https://students.mq.edu.au/admin/other-resources/student-conduct

Results

Results published on platform other than eStudent, (eg. iLearn, Coursera etc.) or released directly by your Unit Convenor, are not confirmed as they are subject to final approval by the University. Once approved, final results will be sent to your student email address and will be made available in eStudent. For more information visit ask.mq.edu.au or if you are a Global MBA student contact globalmba.support@mq.edu.au

Academic Integrity

At Macquarie, we believe academic integrity – honesty, respect, trust, responsibility, fairness and courage – is at the core of learning, teaching and research. We recognise that meeting the expectations required to complete your assessments can be challenging. So, we offer you a range of resources and services to help you reach your potential, including free online writing and maths support, academic skills development and wellbeing consultations.

Student Support

Macquarie University provides a range of support services for students. For details, visit http://students.mq.edu.au/support/

The Writing Centre

The Writing Centre provides resources to develop your English language proficiency, academic writing, and communication skills.

The Library provides online and face to face support to help you find and use relevant information resources. 

Student Services and Support

Macquarie University offers a range of Student Support Services including:

Student Enquiries

Got a question? Ask us via AskMQ, or contact Service Connect.

IT Help

For help with University computer systems and technology, visit http://www.mq.edu.au/about_us/offices_and_units/information_technology/help/. 

When using the University's IT, you must adhere to the Acceptable Use of IT Resources Policy. The policy applies to all who connect to the MQ network including students.

Unit information based on version 2023.01R of the Handbook