Monash University Handbook 2010 Undergraduate - Unit

Synopsis

Topics include: root causes of forced migration; sources of international refugee law and the evolution of the international regime for refugee protection during the 20th century; limits of the basic principle of asylum and non-refoulement and the application of the refugee definition in Australia and other jurisdictions; application of the refugee definition to particular groups of applicants, such as gender or culturally based groups; procedures for detention and determination of refugee status in Australia compared with other jurisdictions; modifications of the Refugees Convention including international burden sharing agreement 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; 8) have further developed skills of oral presentation and argumentation in an interactive class context and 9) have further developed practical skills through the optional placement scheme.

Assessment

Research assignment (4,000 words): 50%
Examination (2 hours writing time plus 30 minutes reading and noting time): 50%.

Contact hours

Three hours of lectures per week

Prerequisites

LAW1100 or LAW1101 and LAW1102 or LAW1104

Co-requisites

LAW3100/3101