Unit rationale, description and aim
Students will be introduced to various forms of written advocacy in the arena of Migration law including preparation of Tribunal statements, Ministerial Intervention requests, responses to parliamentary inquiries and a range of publications. This subject will incorporate interdisciplinary approaches to legal analysis and statutory interpretation, which will provide students with the skills to undertake research in a range of areas that would assist clients. In addition, the course will introduce students to legal writing and legal reasoning enabling students to communicate complex legal issues with clients, a range of stakeholders and the broader public.
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.
Demonstrate the ability to critically apply advanc...
Learning Outcome 01
Demonstrate knowledge and understanding of the rol...
Learning Outcome 02
Incorporate social, policy, comparative or interdi...
Learning Outcome 03
Demonstrate key skills in legal research, legal wr...
Learning Outcome 04
Read, review and analyse and synthesise legal case...
Learning Outcome 05
Content
· Role of advocacy in Migration Law and Practice
· The different forms of written advocacy
· Effective research for advocacy
· Techniques for writing persuasively
· Understanding your audience
· Developing a case theory and narrative
· Advocating in an ethical way
· Preparing and delivering logical and persuasive submissions
Assessment strategy and rationale
The assessments will allow students to demonstrate their advanced skills in legal research and writing, citation and answering legal problems and incorporate social, policy, comparative or interdisciplinary approaches into legal analysis in order to advocate for clients, respond formally to Tribunals and Parliamentary inquiries and raise awareness of the impact of key legal decisions in migration law.
Overview of assessments
Assessment Task 1 Research assignment with ...
Assessment Task 1
Research assignment with applied problem solving. This assessment requires students to identify and analyse contemporary case law in Australia’s migration program.
40%
Assessment Task 2 Advocacy submission. This asse...
Assessment Task 2
Advocacy submission. This assessment requires students to contextualise their learning and use applied theoretical knowledge to advocate a greater purpose. This submission will assist students learn advanced advocacy skills in real-life situations.
60%
Learning and teaching strategy and rationale
The Graduate Diploma in Australian Migration Law and Practice prepares students for registration and practice as a migration agent. Enrolment in further studies through the Masters of Migration Law is undertaken by students who may wish to specialise in an area of migration law or work within a broader range of practice. A master’s degree qualifies students to both apply an advanced body of knowledge or prepare for further studies.
This unit will be delivered in online mode 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.
Representative texts and references
Representative texts and references
· The Honourable Justice KM Hayne AC, "Written Advocacy", a paper delivered as part of the continuing legal education program of the Victorian Bar, 5 and 26 March 2007.
· https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Making_a_submission
· Ministerial Directions under s499, Ministerial Guidelines for Intervention s351, s417.
· AAT Practice Directions under s18 B Administrative Appeals Act 1975 (will be updated for new Federal Administrative Review Tribunal)
· Love v Commonwealth [2020] HCA 3; 270 CLR 152
· NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37
· Austlii http://www.austlii.edu.au ;Legendcom http:// http://www.border.gov.au/Trav/Visa/LEGE
· Australian Guide to Legal Citations 4
· Acts Interpretation Act 1901 (Cth)
· Legislative Instruments Act 2003 (Cth)