LAWS50101 Refugee Law 2021 - H1 Notes & Full Notes & Exam Notes

Description

This note served me well in the final exam and got me a H1. This note is structured to help tackle the exam questions. At the same time, it covers all of the topics discussed in the readings, textbook, pre-class recordings and tutorials no matter how trival the topics are, as long as they're examinable. IMPORTANT: This note contains my sample answers to some questions that may appear in the final exam in similar forms (because the past exams questions are all similar). Please DO NOT copy this note in your exam (to avoid Plagiarism). Paraphrase it and add your own understandings! This note does not list the table of contents at the beginning. I list the covered topics here for reference: 1. Refugee Convention History Regional Instruments relating to Refugees Principles of treaty interpretation 2. Refugee Status Determination - International Level Inclusion Clause Alienage Well-founded fear of being persecuted Persecution * Internal Protection Alternative issue * Modification or Concealment issue The Nexus Requirement * The principle of family unit Exclusion Clause * Bogus(forged) document issue Cessation Clause 3. Refugee Status Determination - Domestic Level Source of power History Australia Humanitarian Program Application Process (of refugee status) * Detention issue - end of detention? - alternatives to detention? * Legal Counsel issue * Shared Duty of Fact-Finding * TPV issue Fast track assessment process Appeal Process * Credibility Assessment issue * Tension between the court and the executive (and the legislature) Offshore component of the Australia Humanitarian Program (resettlement) Onshore component of the Humanitarian Program #Up to 5th December 2014 4. Protection if domestically recognized as refugee Obligations/Responsibilities of 'Refugee' Rights of 'refugees' * Right to work issue 5. Protection if the refugee application was rejected / the refugee status was not domestically recognized Non-refoulement issue The complementary protection International Level Protection * Asylum Issue * Interpretation Issue * Sovereignty Issue * Burden of Proof Issue * Legal Assistance Issue * Which mistake is worse: to deny a refugee claim that should have been granted, or to grant a claim that should have been denied * Inconsistency between domestic obligations and international requirements 6. Responsibility sharing/shifting schemes at international law Sources Constraints on P/E policies * Malaysia Solution issue BTW This subject was taught by Michelle Foster and she is a great teacher. I have read many of her papers during this subject and think they are very helpful. If you are taking her classes, just enjoy and you won't regret it. Thank you!