LAWS506 - Advocacy and Review

Year

Credit points

Campus offering

Prerequisites

Nil

Unit rationale, description and aim

With the onset of a more rigid migration policy, visa cancellations and refusals have become more prevalent in our professional landscape. The role of advocacy to the Tribunals and review advocacy skills are therefore increasingly a necessary part of a migration professional's armory. It is imperative that a migration professional possess the requisite skills to advocate persuasively and effectively and, develop attributes that enable them to communicate not only with Tribunals and Courts but also with the Minister and importantly, with their clients. On completion of this unit, students should demonstrate the advanced skills in advocacy needed to undertake relevant research to prepare appropriate professional diagnosis of a client's situation and present concise and ethical communication and submissions for both judicial and non-judicial applications for review and to other stakeholders.

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 -  Identify the jurisdiction of Tribunals and Courts with respect to visa cancellation and refusals (GA3; GA4; GA5; GA8; GA9) 

LO3 -  Research, formulate and implement appropriate strategies for providing concise and effective practical advice to clients, and submissions to Tribunals (GA3; GA4; GA5; GA8; GA9)  

LO4 -  Demonstrate the use of effective and persuasive oral and written communication skills and techniques appropriate to advocate on behalf of a client to an administrative decision maker. (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

Topics will include:  

• Introduction to Advocacy and Review  
• Advocacy  
•  AAT  
• Migration Division  
• Refugee Division  
• IAA  
• Ministerial Intervention  
• Privative Clause  
• Jurisdictional Error  
• Judicial Review 

Learning and teaching strategy and rationale

This is the fourth 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).   

It is imperative that a migration professional possess the requisite skills to advocate persuasively and effectively and develop attributes that enable them to communicate not only with Tribunals and Courts but also with the Minister and importantly, with their clients. On completion of this unit, students should demonstrate the advanced skills in advocacy needed to undertake relevant research to prepare appropriate professional diagnosis of a client’s situation and present concise and ethical communication and submissions for both judicial and non-judicial applications for review and to other stakeholders. 

This unit will be delivered in online mode 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), Part 3, Migration Agents and Immigration Assistance 

Migration Agents Registration Application Charge Act 1997 

Migration Regulations 1994 

Migration Agents’ Regulations 1998 

Department of Home Affairs Procedural Instructions and Policy 

Office of the Migration Agents Registration Authority http://www.mara.gov.au 

Occupational Competency Standards, Department of Home Affairs