Migration Law Notes

Description

All topics notes including case summary and legislation. Complied for exam used as well. I) MIGRATION CONTROL AND THE LAW: THEORIES, HISTORY AND PRACTICE Control, Culture and Context: White Australia and the evolution of a multicultural policy. Justice Claims: Debates about ‘open’ and ‘closed’ borders in the context of asylum seekers and irregular maritime arrivals. Overview of current citizenship law II) THE EXTENT OF THE POWER TO CONTROL MIGRATION: THE CONSTITUTION AND NORMS OF INTERNATIONAL LAW The legislative powers conferred by section 51 of the Constitution. Judicial trends in the interpretation of the ‘immigration’ and ‘aliens’ heads of power. Other constitutional restrictions on the power to control migration: The Judicial Power. The significance of International Law. III) IMMIGRATION AND THE REGULATORY REVOLUTION Discretion versus regulation. The Migration Act 1958 as amended The regulation of immigration advice. Border Control and Immigration Clearance: Of Risk Factors and Bona Fides. IV) COMMON ENTRY CRITERIA Protecting the public interest: Health Concern Non-Citizens. Protecting the public interest: Character and Conduct – s 501. V) FAMILY MIGRATION Categories of Family Migration. The ‘Right’ to Family Reunion at International Law. EASTER BREAK (ONE WEEK) WEEK 5 Immigration and marriage: victims, villains and the control of sham marriages. Preferential family migration. VI) BUSINESS AND SKILLS-BASED MIGRATION Gain or Pain?: Selecting the Right Economic Migrant. The General Skilled Migration Program: Skills Select and the Points T ests. The Employment Nomination Scheme and other methods for achieving labour transfers. Business migration, Distinguished talent and investment visas. Temporary Skills Transfers: the 457 visa scheme. Employer Sanctions. VII) REFUGEES AND HUMANITARIAN MIGRATION Australia’s experience of refugees and forced migration. The planned intake: the humanitarian portion of the overseas immigration program. Asylum and the non-refoulement principle. Who are refugees? The Convention and Protocol relating to the Status of Refugees: a survey of the Australian jurisprudence. Exclusion and Cessation. VIII) UNLAWFUL STATUS AND THE ENFORCEMENT OF MIGRATION LAWS Options available to unlawful non-citizens. Concessions for the victims of human trafficking. Arrest and Detention Provisions - an overview. The courts and the detention of asylum seekers: control versus compassion. IX) MERITS REVIEW The scope and function of administrative review. An introduction to the review bodies. The Inquisitorial experiment. X) JUDICIAL REVIEW The concept of judicial review. Attempts to constrain judicial review: The first Part 8 experiment Privative Clauses. The scope for review under the new scheme. Determining the role of the Courts in immigration control.