LAWS508 - Australian Visa System Cancellations

Year

Credit points

Campus offering

Prerequisites

LAWS503 Introduction to Australian Migration Law

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. Compliance and monitoring has been increased exponentially with the introduction of dual powers for Fairwork Inspectors to monitor migration compliance in the workplace. It is imperative that a migration professional possess the necessary 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 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 Identify the jurisdiction of Tribunals and Courts with respect to visa cancellations and refusals (GA3; GA4; GA5; GA8; GA9)  

LO2Locate, navigate and interpret Migration legislation relating to cancellations and refusals and identify the role of policy (GA4, GA5; GA8)  

LO3 Apply advanced knowledge of the Code of Conduct and the ethical and professional obligations of a registered migration agent in client communication, drafting and advocacy to demonstrate expert judgment, adaptability and responsibility as a migration practitioner (GA3; GA4; GA5; GA7; GA8; GA9)  

LO4Research, formulate and implement appropriate strategies for providing concise and effective practical advice to clients on visa cancellations and refusals (GA3; GA4; GA5; 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

• Overview of Cancellations and Reviewable Decisions 
• Monitoring and Compliance 
• Cancellation powers 
• Detention Removal and Deportation 
• Visa refusals 
• Submission writing 

Learning and teaching strategy and rationale

This is the sixth 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