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.
Locate, navigate and interpret Migration legislati...
Learning Outcome 01
Identify the jurisdiction of Tribunals and Courts ...
Learning Outcome 02
Research, formulate and implement appropriate stra...
Learning Outcome 03
Demonstrate the use of effective and persuasive or...
Learning Outcome 04
Content
Topics will include:
- Introduction to Advocacy and Review
- Advocacy
- ART
- Migration Division
- Refugee Division
- IAA
- Ministerial Intervention
- Privative Clause
- Jurisdictional Error
- Judicial Review
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.
To pass the unit, students must achieve at least 50% of the total marks, including all three assessment items.
Overview of assessments
Assessment task 1: Engagement in designated onlin...
Assessment task 1: Engagement in designated online activities and reflective journal
Details: reflective journal and engagement in designated online activities. This assessment involves participation in weekly discussion forum activities and a reflective submission.
Purpose: this task contributes specifically to the development of students’ understanding of unit material.
Format: weekly forum participation and written reflection.
20%
Assessment task 2: Research assignment and applie...
Assessment task 2: Research assignment and applied problem solving
Details: this assessment requires students to demonstrate their ability to identify and interpret relevant Migration legislation, basic aspects of the visa system and migration policy.
Purpose: assist students contextualise their learning and use theoretical knowledge in a practical and real-life situation. This task requires students to critically analyse an element of Australian Migration Law and provide conclusions informed by legislation and policy.
Format: written assessment.
40%
Assessment task 3: Oral Presentation Details: t...
Assessment task 3: Oral Presentation
Details: this assessment requires students to demonstrate their ability to identify and interpret relevant Migration legislation, basic aspects of the visa system and migration policy.
Purpose: assist students contextualise their learning and use theoretical knowledge in a practical and real-life situation. This task requires students to critically analyse an element of Australian Migration Law and provide conclusions informed by legislation and policy.
Format: Oral Presentation.
40%
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 Canvas.