LAWS504 - Australian Visa System

Year

Credit points

Campus offering

Prerequisites

Unit rationale, description and aim

This unit focuses on providing students with the skills to enable analysis of the different types of substantive visas, their criteria and conditions for grant and providing strategic options and pathways for clients. The course will also cover bridging visas as non-substantive visas and their role in the migration landscape. Effective problem solving skills and the ability to communicate with clients, the Department of Home Affairs and stakeholders is paramount. Completion of this unit will enable students to develop knowledge of the Australian visa system in practice and theory and effectively communicate and implement strategies for clients.

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.

On successful completion of this unit, students should be able to:

LO1 - Locate, navigate and interpret Migration legislation and identify the role of policy. (GA4, GA5; GA8) 

LO2 - Demonstrate knowledge on visa application and processing including types of visas, validity, criteria and conditions. (GA3; GA4; GA5; GA7; GA8; GA9) 

LO3 - Strategically analyse and assess client’s visa eligibility (GA3; GA4; GA5;) 

LO4 - Research, formulate and implement appropriate strategies for providing effective practical advice to clients on visa options and pathways.   (GA3; GA4; GA5; GA7; GA8; GA9) 

Graduate attributes

GA3 - apply ethical perspectives in informed decision making

GA4 - think critically and reflectively 

GA5 - demonstrate values, knowledge, skills and attitudes appropriate to the discipline and/or profession 

GA7 - work both autonomously and collaboratively 

GA8 - locate, organise, analyse, synthesise and evaluate information 

GA9 - demonstrate effective communication in oral and written English language and visual media 

Content

• Migration Act, Regulations and Policy and delegated legislation 
• Arrival Presence and Departure 
• Valid application and decision making 
• Interpretation, definitions and meanings 
• Visas - Classes and subclasses 
• Visas - Criteria and conditions 
• Visas – Bars and Waivers 
• Bridging visas  
• Visitor visas 
• Student visas 
• Submission writing and Letters of Advice 

Learning and teaching strategy and rationale

This is the second unit in the Graduate Diploma in Australian Migration Law and Practice. It is the prescribed qualification for initial registration with the Office of Migration Agents Registration Authority (OMARA) as per s289A of the Migration Act 1958 (Cth).   

Our strategy is to encourage students to actively engage with unit content and their peers. Up to 80% of graduates will be in practice as sole practitioners. It is envisaged that developing a community of practice within each unit of learning will encourage students to maintain connections with peers into their professional careers. 

This subject will be delivered online only. We have taken an online learning approach to provide accessibility and flexibility to our post graduate students and a student focused approach that increases depth of learning and engagement through actively utilising LEO.   

Assessment strategy and rationale

 This graduate course is the prescribed qualification for registration with OMARA to provide migration advice. On completion of all units, students who wish to apply for registration will also sit an independent capstone examination regulated by OMARA. 

The assessment tasks for this unit are designed to demonstrate achievement of each of the learning outcomes listed. Occupational Competency Standards have been produced by the Department of Home Affairs and have guided our assessment as the underpinning knowledge and skills required by a migration law practitioner. 

Overview of assessments

Representative texts and references

Austlii http://www.austlii.edu.au  

Legendcom http:// http://www.border.gov.au/Trav/Visa/LEGE  

Australian Guide to Legal Citations, Third Edition 

Acts Interpretation Act 1901 (Cth) 

Legislative Instruments Act 2003 (Cth) 

Migration Act 1958 (Cth) 

Migration Regulations 1994 

Department of Home Affairs Procedural Instructions and Policy