LAW 2570 - Aliens, Citizens and Migration

North Terrace Campus - Semester 2 - 2020

The criteria for membership in nation states is highly contested. Often the formal status of membership does not mirror the level of individual attachment to a place. This has led to problems of over-inclusion and over-exclusion of people within nation state communities. This course examines how nations and their communities construct the criteria for membership and belonging. It interrogates the formal legal criteria for membership through an examination of the many attachments humans have to nation-state, local communities and culture. The course focuses on Australia, but draws on examples from North America and Europe.

  • General Course Information
    Course Details
    Course Code LAW 2570
    Course Aliens, Citizens and Migration
    Coordinating Unit Adelaide Law School
    Term Semester 2
    Level Undergraduate Law (LLB)
    Location/s North Terrace Campus
    Units 3
    Contact Up to 3 hours per week
    Available for Study Abroad and Exchange
    Prerequisites LAW 1501
    Restrictions Available to LLB, Bachelor of Criminology with Bachelor of Laws, Bachelor of Teaching (Middle) with Bachelor of Arts, Bachelor of Teaching (Secondary) with Bachelor of Arts, Bachelor of Teaching with Bachelor of Arts only
    Course Description The criteria for membership in nation states is highly contested. Often the formal status of membership does not mirror the level of individual attachment to a place. This has led to problems of over-inclusion and over-exclusion of people within nation state communities. This course examines how nations and their communities construct the criteria for membership and belonging. It interrogates the formal legal criteria for membership through an examination of the many attachments humans have to nation-state, local communities and culture. The course focuses on Australia, but draws on examples from North America and Europe.
    Course Staff

    Course Coordinator: Professor Alex Reilly

    Professor Alexander Reilly
    Room 3.20 Ligertwood building
    alexander.reilly@adelaide.edu.au
    Course Timetable

    The full timetable of all activities for this course can be accessed from Course Planner.

  • Learning Outcomes
    Course Learning Outcomes
    On successful completion of this course students will be able to:

    1. Develop an understandng of the law relating to citizenship in Australia.

    2. Explain the debates and theoretical approaches to membership in nation states through close reading of set texts;

    3. Communicate effectively orally and collaborate to discuss and debate theoretical propositions, methodologies and
    legal problems related to migration and membership; and

    4. Critically analyse principles of law and their application.

    University Graduate Attributes

    This course will provide students with an opportunity to develop the Graduate Attribute(s) specified below:

    University Graduate Attribute Course Learning Outcome(s)
    Deep discipline knowledge
    • informed and infused by cutting edge research, scaffolded throughout their program of studies
    • acquired from personal interaction with research active educators, from year 1
    • accredited or validated against national or international standards (for relevant programs)
    1,2,3,4
    Critical thinking and problem solving
    • steeped in research methods and rigor
    • based on empirical evidence and the scientific approach to knowledge development
    • demonstrated through appropriate and relevant assessment
    1,2,3,4
    Teamwork and communication skills
    • developed from, with, and via the SGDE
    • honed through assessment and practice throughout the program of studies
    • encouraged and valued in all aspects of learning
    3
    Career and leadership readiness
    • technology savvy
    • professional and, where relevant, fully accredited
    • forward thinking and well informed
    • tested and validated by work based experiences
    3
    Intercultural and ethical competency
    • adept at operating in other cultures
    • comfortable with different nationalities and social contexts
    • Able to determine and contribute to desirable social outcomes
    • demonstrated by study abroad or with an understanding of indigenous knowledges
    1,2, 3, 4
    Self-awareness and emotional intelligence
    • a capacity for self-reflection and a willingness to engage in self-appraisal
    • open to objective and constructive feedback from supervisors and peers
    • able to negotiate difficult social situations, defuse conflict and engage positively in purposeful debate
    1,2,3,4
  • Learning Resources
    Required Resources
    There is no textbook for the course. Students will be provided with a comprehensive seminar plan with required readings that follow the list of issues for discussion.
    Recommended Resources
    Recommended texts include:

    Castles and Miller, The Age of Migration (4th
    ed, 2013)

    Crock and Berg, Immigration, Refugees and Forced Migration
    (2nd ed, 2017)

    Linda Bozniak, The Citizen and the Alien: Dilemma of Contemporary Membership (2006)

    Saskia Sassen, Guests and Aliens (1999)
    Online Learning
    MyUni will be used to post announcements, post additional lecture materials (including slides and audio recordings of lectures) and announce assignment tasks. It will also contain electronic copies of the Course Outline, Lecture and Seminar Guides, and Course Materials. Students are expected to check MyUni regularly to keep up to date with these materials and additional learning resources throughout the course.
  • Learning & Teaching Activities
    Learning & Teaching Modes
    There will be a three hour session every week for 12 weeks. The sessions will be interactive with students taking responsibility for learning during the sessions. Students will be required to complete readings and answer questions prior to the session so that the session is highly interactive.

    A highly developed MyUni site with interactive materials will be available to students to enhance and support their learning.

    Guest lecturers may be invited to attend if appropriate.

    Workload

    The information below is provided as a guide to assist students in engaging appropriately with the course requirements.

    The course requires a combined weekly commitment of 3 hours attending classes over 12 weeks. To actively and productively participate in classes, students will be required to do set readings, answer questions and research current issues. Students should expect to spend 6-7 hours per week doing this. There is also extra preparation required for the group presentation and preparation for the mid-semester and  take home tests.

    Learning Activities Summary
    Schedule
    Week Topic
    1 Membership
    2 Concept of Citizenship
    3 Australian Citizenship 
    4 Constitutional citizenship
    5 Constitutional Status of Aboriginal Australians
    6 Revoking Citizenship
    7 Deporting long term aliens
    8 Political Rights of Dual Citizens - s44(i) of the Constitution
    9 Australian National Identity
    10 Aboriginal and Torres Strait Islander Citizenship
    11 Migration and Population Policy
    12 The Future of Australian Migration and Citizenship Law
  • Assessment

    The University's policy on Assessment for Coursework Programs is based on the following four principles:

    1. Assessment must encourage and reinforce learning.
    2. Assessment must enable robust and fair judgements about student performance.
    3. Assessment practices must be fair and equitable to students and give them the opportunity to demonstrate what they have learned.
    4. Assessment must maintain academic standards.

    Assessment Summary
    Assessment Task Task Type Due Weighting Redeemable (yes/no) Length Learning Outcome
    Participation Individual Week 3 - 12 10% Yes 1,2,5,6
    Group Presentation Group Week 3 - 12 20% Yes 30 minutes 1,2,6
    In class test Individual 3 September 2020 20% No 45 minutes 1,2,3,4,5,6
    Take Home test Individual Week beginning 2 November 2020 50 - 80% No 36 hours,
    2000 words
    1,2,3,4,5,6
    Assessment Detail

    1. Class Participation (10%) (redeemable)

    This assessment will be based on your participation on one day of the course. Students will be allocated a day in which their class participation will be assessed. Participation will be assessed in relation to:

    a. Feedback on research presentations - you are encouraged to give verbal feedback and ask follow up questions of presenters
    You will have the chance to provide written feedback on a form provided.

    b. Contribution to the discussion of readings - students who are being marked for class participation on a particular day are expected to lead that day’s reading group. This should not consist of simply describing the reading. Instead, participants should aim to generate discussion, ask questions, and challenge the points of view of other participants. 

    c. Participation in class activities -there will beinteractive activities in each seminar. Students being marked for class participation are expected to take an active part in these activities. 


    2. Group Presentation (20%) (redeemable)

    Group presentations will be 15 minutes in length followed by 10 to 15 minutes 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 engage in class discussion in relation to the topic.

    3. In class test (20%) ( non-redeemable)

    In week 6, there will be a 45 minute in-class test on the first 5 weeks of the course. There will be a single question with multiple parts. An example question will be discussed in week 5.

    Tests will be marked against the following criteria:

    a.    Ability to apply the core concepts and ideas from class discussions to answer the question.
    b.    Ability to engage with the set readings.
    c.    Use of critical analysis in the answer to the question.
    d.    Demonstration of balance in the answer, constructing arguments for and against the central propositions in the question.

    4. Take home test (50-80%)

    The take home test will be held in the week after semester ends. The test will be 36 hours long, from 9.00am on the morning of the first day, until 9.00pm in the evening of the second day.

    The take home test will cover material in the whole of the course.

    The exam will comprise of questions in a similar form to the question in the in-class test.

    Answers must be a maximum of 2000 words in length.
    Submission
    Submission of the in-class test
    The in-class test must be submitted to MyUni at the designated time at the completion of the test.
    Submissions received more than five minutes after the time for the test is completed will not be accepted.


    Submission of the Take Home Exam
    The take home exam must be submitted to MyUni by 9.00pm on the day that the exam is to be completed.
    Late submissions will be accepted.
    There will be a penalty of 5% of the marks available for the test for each hour, or part of an hour, that submission is late. For example, if a test is submitted 20 minutes late, there will be a 5% deduction of the available marks for the test. If the test is submitted 3 hours and 20 minutes late, there will be a deduction of 20% of the available marks for the test.
    Course Grading

    Grades for your performance in this course will be awarded in accordance with the following scheme:

    M10 (Coursework Mark Scheme)
    Grade Mark Description
    FNS   Fail No Submission
    F 1-49 Fail
    P 50-64 Pass
    C 65-74 Credit
    D 75-84 Distinction
    HD 85-100 High Distinction
    CN   Continuing
    NFE   No Formal Examination
    RP   Result Pending

    Further details of the grades/results can be obtained from Examinations.

    Grade Descriptors are available which provide a general guide to the standard of work that is expected at each grade level. More information at Assessment for Coursework Programs.

    Courses for which a result of conceded pass has been obtained may not be presented towards the degree requirements for the Bachelor of Laws or the Honours Degree of Bachelor of Laws programs, or any postgraduate law program, nor to satisfy prerequisite requirements within any law course.

    Final results for this course will be made available through Access Adelaide.

    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 University places a high priority on approaches to learning and teaching that enhance the student experience. Feedback is sought from students in a variety of ways including on-going engagement with staff, the use of online discussion boards and the use of Student Experience of Learning and Teaching (SELT) surveys as well as GOS surveys and Program reviews.

    SELTs are an important source of information to inform individual teaching practice, decisions about teaching duties, and course and program curriculum design. They enable the University to assess how effectively its learning environments and teaching practices facilitate student engagement and learning outcomes. Under the current SELT Policy (http://www.adelaide.edu.au/policies/101/) course SELTs are mandated and must be conducted at the conclusion of each term/semester/trimester for every course offering. Feedback on issues raised through course SELT surveys is made available to enrolled students through various resources (e.g. MyUni). In addition aggregated course SELT data is available.

    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.
  • Student Support
    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.
  • Policies & Guidelines

    This section contains links to relevant assessment-related policies and guidelines - all university policies.

    Academic Honesty
    Academic dishonesty is a serious act of academic misconduct. All students must be familiar with the University’s Academic Honesty Policy.

    Academic dishonesty is a serious matter and is treated as such by the Law School and the University. Academic dishonesty (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 honesty 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.
  • Fraud Awareness

    Students are reminded that in order to maintain the academic integrity of all programs and courses, the university has a zero-tolerance approach to students offering money or significant value goods or services to any staff member who is involved in their teaching or assessment. Students offering lecturers or tutors or professional staff anything more than a small token of appreciation is totally unacceptable, in any circumstances. Staff members are obliged to report all such incidents to their supervisor/manager, who will refer them for action under the university's student’s disciplinary procedures.

The University of Adelaide is committed to regular reviews of the courses and programs it offers to students. The University of Adelaide therefore reserves the right to discontinue or vary programs and courses without notice. Please read the important information contained in the disclaimer.