Migration Law Notes
Subject notes for USYD LAWS5199
Semester 1, 2018
Migration Law Notes
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
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.
VII) REFUGEES AND HUMANITARIAN MIGRATION
Australia’s experience of refugees and forced migration.
The planned intake: the humanitarian portion of the overseas
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
The scope for review under the new scheme.
Determining the role of the Courts in immigration control.