units

LAW4164

Faculty of Law

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Monash University Handbook 2011 Undergraduate - Unit

6 points, SCA Band 3, 0.125 EFTSL

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

LevelUndergraduate
FacultyFaculty of Law
OfferedClayton Summer semester B 2011 (Day)

Synopsis

Topics include: root causes of refugee flows; sources of international refugee law and the evolution of the international regime for refugee protection during the 20th century; interpretation of the refugee definition in Australia and other jurisdictions; application of the refugee definition to particular groups of applicants, such as women and children; modification of the Refugees Convention in Australian legislation; procedures for determination of refugee status, including the Refugee Review Tribunal; restrictive notions of 'internal protection' and 'safe third country'; the development of 'complementary protection' for asylum-seekers; and proposals to reformulate the refugee protection regime.

Objectives

Upon completion of this unit students should: 1) understand the background and nature of international refugee law; 2) have detailed knowledge of the international instruments applicable to asylum seekers, including the Refugees Convention; 3) have acquired detailed knowledge of the concept of a 'refugee' under the Refugees Convention and of the various elements of the definition; 4) have acquired detailed knowledge of the relevant sections of the Migration Act 1958 dealing with refugees; 5) be able to evaluate Australia's practices towards refugee applicants and application of the Refugees Convention by comparing them with those of other jurisdictions; 6) understand and be able to evaluate measures adopted to modify the Refugees Convention; 7) have further developed legal research, writing and legal argument skills by undertaking systematic research, including empirical research and the application of theory, into issues relating to international refugee law; and 8) have further developed skills of oral presentation and argumentation in an interactive class context.

Assessment

Research assignment (2,500 words): 50%
Examination (2 hours writing time plus 30 minutes reading and noting time): 50%.

Chief examiner(s)

Ms Maria O'Sullivan

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3100/3101