Course Co-ordinator: Lorne Neudorf
email: lorne.neudorf@adelaide.edu.au

1. State protection obligations
2. Forced Migration and Displaced Persons, Asylum and State Responsibility
3. Refugee Convention: History and Operation
4. Refugee Law in Australia ‘well-founded fear’; ‘persecution’; all areas of a country
5. Refugee Law in Australia - the convention grounds, Complementary Protection
6. Protection visas
7. Australia’s asylum seeker law and policy, 1901 - 2006
8. Australia’s Asylum seeker law and policy, 2007 to present
9. Asylum issues in the Asia Pacific Region
10. Refugees and Asylum Seekers in the Community – work, settlement, well-being
11. Climate change refugees
12. The future of refugee law and policy

On successful completion of this course, students will be able to:

1. Discuss and critique the phenomenon of international migration, the role of nation-states in regulating the movement of people, and the ethics of migration control.

2. Research and present findings on issues in Australian refugee law and policy, including the relationship between international and domestic obligations to offer asylum seekers protection; the determination of who is a refugee, and international responses to refugees movements around the world.

3. Engage in critical analysis of refugee law and policy in Australia and overseas 

4. Apply high level critical and analytical skills in presentations and written work.

All required resources for the course will be available via the Refugee Law and Policy MyUni website. 

Joseph Carens, The Ethics of Immigration (2013)

Hathaway and Foster, The Law of Refugee Status (2nd ed) (2014)

Jane McAdam and Fiona Chong, Refugees : why seeking asylum is legal and Australia's policies are not (2014)

Mary Crock and Laurie Berg, Immigration, Refugees and Forced Migration: Law, Policy and Practice in Australia (2011)

Cathryn Costello, The human rights of migrants and refugees in European law (1st ed. 2016)

Jane McAdam, Climate change, forced migration, and international law (2012)

Opeskin, Perruchoud and Redpath-Cross (eds), Foundations of International Migration Law (2012)

The MyUni website is crucial to the course. It will be used to provide information and structure the learning activities in the course via the course map.

MyUni will be used to post announcements, post additional materials (including lecture slides and audio recordings of lectures) and announce assignment tasks. It will also contain electronic copies of the Course Profile, Lecture and Seminar Guides, and Course Materials.

The course is taught in 12 three hours sessions over 6 days, from 1 February 2021 to 12 February 2021. Each session will be interactive, combining presentation of material by the course coordinator, and seminar style discussion. Each session will incorporate a student presentation which will be followed by an extensive question and answer session.

In addition to attending formal classes it is anticipated that students will do substantial independent work to prepare for classes and to complete the course assignments. The University expects full time students (those undertaking 12 units per semester) to devote a total of 48 hours per week to their studies.

Session 1  (1 Feb 2021, 9.00am - 12.00pm)
Introduction to course
Refugee law and policy – the issues for consideration

Session 2 (1 Feb 2021, 1.00pm - 4.00pm)
Forced Migration and Displaced Persons
Asylum and State Responsibility
Refugee Convention: History and Operation

Session 3 (3 Feb 2021, 9.00am - 12.00pm)
Refugee Law in Australia ‘well-founded fear’; ‘persecution’; all areas of a country

Session 4 (3 Feb 2021, 1.00pm - 4.00pm)
Refugee Law in Australia - the convention grounds
Complementary Protection

Session 5 (5 Feb 2021, 9.00am - 12.00pm0
Protection visas

Session 6 (5 Feb 2021, 1.00pm - 4.00pm)
Temporary Protection visas

Session 7 (8 Feb 2021, 9.00am - 12.00pm)
Australia’s asylum seeker law and policy, 1901 - 2006

Session 8 (8 Feb 2021, 1.00pm - 4.00pm)
Australia’s Asylum seeker law and policy, 2007 to present

Session 9 (10 Feb 2021, 9.00am - 12.00pm)
Asylum issues in the Asia Pacific Region

Session 10 (10 Feb 2021, 1.00pm - 4.00pm)
Refugees and Asylum Seekers in the Community – work, settlement, well-being

Session 11 (12 Feb 2021, 9.00am - 12.00pm)
Climate change refugees

Session 12 (12 Feb 2021, 1.00pm - 4.00pm)
The future of refugee law

Assessment item	% of final mark	Dates	Length	Individual or Group Activity?	Redeemable in exam?	Learning Outcomes
Class Participation	10	1 - 12 February 2021		I	No	1,2,4
Group Presentation	20	1 - 12 February 2021	15-20 mins	G	No	1,2,3,4
Final Assignment	70	15 - 26 February 2021	5000 words	I	No	1,2,3,4

Class Participation (10%)

This assessment will be based on your participation on one day of the intensive course Refugee Law an Policy. You will be assigned a particular day prior to the commencement of classes. Please contact the course coordinator (alexander.reilly@adelaide.edu.au) as soon as possible if:
• you have a physical or mental health condition that will affect your ability to participate; or
• you will not be able to attend class on the day you are assigned.

You will be marked on your contribution to the following elements of the class on your allocated day:

1) Feedback on presentations. You will be required to provide written feedback on the presentation on a form to be provided. You are also encouraged to make verbal comments and ask questions.

2) Critical analysis of the set readings and course material for the day: each day, there will be an in-depth discussion the set readings. The students who are being marked for class participation on a particular day are expected to take a lead in the discussions. Students should aim to generate discussion, ask questions, and challenge other participants’ points of view.

3) In-class activities: each day, there will be interactive seminar-style activities. Students who are being marked for class participation on a particular day are expected to take an active part in these activities.


2. Group Presentation (20%)

Group presentations will be 15 minutes in length followed by 15 to 30 minutes of discussion in which the presenters will field questions from the course coordinator and the class. All members of the group are required to speak during the presentation.

Presentations will be marked against the following criteria:

a. Organisation and intrinsic interest of the presentation.
b. Ability of group members to work collaboratively.
c. Level of understanding of the topic as demonstrated through the quality of observations and comments.
d. Use of external sources and the set readings.
e. Understanding of how the presentation topic fits into the course as a whole.
f. Ability of the group to answer questions from the course coordinator and other class members, and to engage in class discussion in relation to the topic.

3. Final Assignment (70%) 

Prior to the commencement of classes on 1 February, a final assignment question will be released. There will be a choice of question. Each question will have multiple parts, requiring students to engage with a range of issues throughout the course. The questions will include problem solving drawing on refugee law, and critical analysis of refugee law and policy. Students will be required to draw on the course readings and other independent research to answer the question.

The assignment is to be a maximum of 5000 words in length.

The assignment is due on Friday 26 February 2021 at 9.00pm.

Students should make reference to the course readings and conduct their own independent research in answering the assignment question.

Assignments must be submitted electronically to the Research Essay link on the MyUni website.

Assignments are to use Times New Roman 12-point font and use double line spacing. Footnotes are to be in Times New Roman 10-point font usingsingle line spacing. Footnotes are to be used for references only. All written work in the law school is required to comply with The Australian Guide to Legal Citation available on:http://www.law.adelaide.edu.au/library/resources/style/.Please read the AGLC before submitting your paper and make sure you comply with it. Assignments are not required to include a bibliography or a title page.

Marks will be awarded against the following criteria:
1. Quality of presentation of the assignment, including spelling, grammar, punctuation.
2. Written communication skills, including logical and coherent structure.
3. Accurate and appropriate referencing of sources used in the assignment, using the AGLC.
4. Depth of understanding of the refugee law and policy issues.
5. The ability to construct an argument in relation to the question and acknowledge counter-arguments.
6. The ability to express thoughts and reason and argue about the material in the student’s own words.
7. Quality and depth of research.
8. Effective use of research resources to make out the core points in the assignment.

The Final assignment will be submitted through the assignment link in MyUni.

Penalties:

Late Submission: 5% of the total mark possible will be deducted for every 24 hours or part thereof that submission is late, including each day on a weekend. For example, an essay that is submitted after the due date and time but within the first 24 hour period, and that has been graded at 63%, will have 5% deducted, for a final grade of 58%. An assignment that is more than 24 hours late will lose 10%, etc. Hard copy submissions made after 5.00pm on a Friday will be assumed to have been submitted on the next business day and will be penalised accordingly.

Word Length: Assignments which exceed the allocated length (word length ) will be subject to a penalty of 5% of total marks possible per 100 words or part thereof (ie with a word limit of 1,250, an essay graded 63% will have 5% deducted if it is 1,251 words long, for a final grade of 58%, 10% if it is 1,351 words long, etc). Words are calculated including all footnotes and headings within the text but excluding cover page information. Quotations and all referencing information are included in the word count.

Finality of Assessment Grades

Students are advised that Course Coordinators will not enter into negotiations of any kind with any student regarding changes to their grades. It is irrelevant, in any given circumstance, that only a minimal number of additional marks are required to inflate a student’s grade for any individual assessment item or course as a whole. Pursuant to the University’s Assessment for Coursework Programs Policyand the Adelaide Law School Assessment Policies and Procedures, grades may only be varied through the appropriate channels for academic review (such as an official re-mark).

Moderation

In accordance with the University’s Assessment for Coursework Programs Policy, course coordinators ‘ensure that appropriate marking guidelines and cross-marking moderation processes across markers are in place’ in each course. Procedures adopted by Adelaide Law School to ensure consistency of marking in courses with multiple markers include:

• assurance of the qualifications of markers, and their knowledge of the content covered in each course;
• detailed marking guidelines and assessment rubrics to assist in the marking of items of assessment;
• sharing of example marked assessments at various grade bands across markers;
• reviewing of selected marked assessments from each marker by the course coordinator;
• comparison of the marks and their distribution across markers;
• automatic double-marking of all interim assessment receiving a fail grade, and of final assessments where a student’s overall result is a fail grade;
• the availability of re-marking of assessments in accordance with Adelaide Law School’s Assessment Policies and Procedures.

Approval of Results by Board of Examiners

Students are reminded that all assessment results are subject to approval (and possible moderation/change) by the Law School’s Board of Examiners. Assessment results at the University are not scaled. Under the Assessment for Coursework Programs Policy, students are assessed ‘by reference to their performance against pre-determined criteria and standards … and not by ranking against the performance of the student cohort in the course’. However, under that same policy, the Board of Examiners (as the relevant Assessment Review Committee for courses at Adelaide Law School) is required to ‘ensure comparability of standards and consistency’ in assessment. On occasions, the Board of Examiners will form the view that some moderation is required to ensure the comparability of standards and consistency across courses and years, and accordingly provide fairness to all law students. All assessment results are therefore subject to approval (and possible change) until confirmed by the Board of Examiners and posted on Access Adelaide at the end of each semester.

Student feedback
The course is constantly being updated and revised to reflect the evolution of the law, to respond to student feedback, and to engage with the latest teaching practices. Student feedback is collected each time the course is run, including through SELT reports. Previous SELT reports, and staff feedback on them, are posted on the course MyUni site for students to view and consider.

The University Writing Centre provides academic learning and language development services and resources for local, international, undergraduate and postgraduate coursework students enrolled at the University of Adelaide.

The centre offers practical advice and strategies for students to master reading, writing, note-taking, time management, oral presentation skills, referencing techniques and exam preparation for success at university through seminars, workshops and individual consultations.

Lex Salus Program

Lex Salus (law and wellbeing) is an initiative of the Adelaide Law School aimed at destigmatising mental health issues; promoting physical, mental and emotional wellness; building a strong community of staff and students; and celebrating diversity within the school. It also seeks to promote wellness within the legal profession, through the involvement of the Chief Justice of the Supreme Court of South Australia, the Honourable Chris Kourakis, as the official Patron of the program.

Students can participate in the Lex Salus program by attending barbecue lunches, pancake breakfasts, knitting and crochet circles, seminars, guest speakers, conferences and other activities. Our Facebook page, website and regular all-student emails promote upcoming events, and have tips and information on wellness.

Our Lex Salus YouTube channel also includes videos on topics like managing stress, and interviews with LGBTQ lawyers and their supporters which celebrate diversity and individuality. Students who commit to 10 hours of volunteering with Lex Salus in one year can have their service recognised on their academic transcript and through a thank you morning tea with the Chief Justice and law school staff.

Student Life Counselling Support

The University’s Student Life Counselling Support service provides free and confidential service to all enrolled students. We encourage you to contact the Student Life Counselling Support service on 8313 5663 to make an appointment to deal with any issues that may be affecting your study and life.

Academic Integrity

All students must be familiar with the University’s Academic Integrity Policy. Academic Misconduct is a serious matter and is treated as such by the Law School and the University. Academic Misconduct (which goes beyond plagiarism) can be a ground for a refusal by the Supreme Court of South Australia to admit a person to practice as a legal practitioner in South Australia. Academic Integrity is an essential aspect of ethical and honest behaviour, which is central to the practice of the law and an understanding of what it is to be a lawyer.