Handbook

This course teaches students about the operation of Australian immigration law. Emphasis is placed upon acquiring knowledge as to how immigration law works in practice through examining the structure and content of the Migration Act 1958 and the Migration Regulations 1994. This legislation is voluminous and critical to an understanding of Australian immigration law. This course teaches students how the Act and Regulations operate together to regulate entry and stay in Australia and then focuses upon some regulatory issues in detail.

The workings of the visa system and the different categories of entrants are outlined and general matters relevant to all visa classes (Schedules 3, 4 and 5 of the Migration Regulations) are considered, including health and character criteria. The visa process, family migration and refugee visas are a topic of interest.

The relationship between immigration and Australian citizenship is considered.

The relationship between immigration law and Government policy is considered, both in terms of policy considerations underpinning legislative developments and policy considerations operating throughout the administration of the law. The course seeks to critically evaluate immigration law from varied standpoints, including whether it is efficient in achieving policy goals, the extent to which it complies with human rights norms and the rule of law.

Main Topics

• Immigration law/policy: its subject matter and evaluation
• Migration Act and Regulations
• Citizenship
• Visa cancellations
• Family Migration
• Character.