LEGAL481-22C (HAM)

Immigration and Refugee Law

15 Points

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Division of Arts Law Psychology & Social Sciences
Te Piringa - Faculty of Law

Staff

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Convenor(s)

Lecturer(s)

Administrator(s)

Placement/WIL Coordinator(s)

Tutor(s)

Student Representative(s)

Lab Technician(s)

Librarian(s)

: carolyne.taylor@waikato.ac.nz
: em.pooley@waikato.ac.nz

You can contact staff by:

  • Calling +64 7 838 4466 select option 1, then enter the extension.
  • Extensions starting with 4, 5, 9 or 3 can also be direct dialled:
    • For extensions starting with 4: dial +64 7 838 extension.
    • For extensions starting with 5: dial +64 7 858 extension.
    • For extensions starting with 9: dial +64 7 837 extension.
    • For extensions starting with 3: dial +64 7 2620 + the last 3 digits of the extension e.g. 3123 = +64 7 262 0123.
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Paper Description

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This module will explore a variety of issues concerning Immigration and Refugee Law. The topics covered will include issues such as: a brief history of Immigration law in New Zealand; the right to enter and be in New Zealand: citizenship; the requirement to be legally in New Zealand: the requirement to hold a visa; the regulation of immigration advice; refugee and protected person status, determinations and appeals; the Immigration and Protection Tribunal; deportation and the requirement to leave New Zealand; enforcement and penalties.

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Paper Structure

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Immigration and refugee law is taught intensively over a two week time period. Students will be guided in respect of reading for each lecture.

​​​Topics covered will include:

1. The History and Impact of Immigration in New Zealand

This topic will trace the development of immigration and refugee law since the end of World War II. In particular, it will examine the normative and conceptual foundations of immigration and refugee law.

2. The Right to Enter and be in New Zealand

This topic will consider the statutory requirement for being lawfully present in New Zealand. In particular, the category of persons who are not entitled to receive a visa will be considered.

3. Citizenship

This topic will examine the legal requirements to obtain citizenship and the revocation of citizenship.

4. The Requirement to be Legally in New Zealand. Immigration Advisors and Turnaround at the Airport.

This topic will examine the requirement to be either the holder of a current visa, or a person to whom a visa waiver applies. A critical evaluation of the statutory procedures to process and manage people who arrive in New Zealand without fulfilling the statutory requirements for entry will also be undertaken. This will include commentary on the law regulating immigration advisors in New Zealand.

5. Refugee and Protected Person Status

This topic will critique refugee status, having particular regard to case-law. It will also examine the newly established category of protected persons and analyze the process of determining applications for refugee and protected person status.

6. The Appeal Process: The Immigration and Protection Tribunal

This topic will consider the right to appeal immigration-related administrative decisions as a central requirement of administrative law. In particular, the structure and operation of the Immigration and Protection Tribunal will be considered.

7. Deportation and the Enforcement of Penalties

This topic will critique the action requiring a person to leave New Zealand known as deportation. It will also focus on enforcement; detention and monitoring; and penalties.

Learning and Teaching Strategy

Immigration and Refugee Law implements the 'Teach Smart' strategy for learning and teaching. This strategy places a particular emphasis on enhancing analytical skills, increasing the opportunities for feedback and self-reflection, and fostering independent learning skills in students. The aims of the teaching and learning strategy in Immigration and Refugee Law are:

· To help you structure your independent learning time in the paper by giving both pre-and post-seminar activities to complete;

· To give you the opportunity to develop and refine your communication skills which are demanded by every prospective employer;

· To increase the use of IT support materials to facilitate your learning, such as podcasts published on Moodle following each seminar;

· To create a learning and teaching environment where you can become a more effective learner through self-reflection and giving you the opportunity to consider your own areas of strength and weakness;

· To increase the opportunity for timely and effective feedback throughout the paper.

Teaching Delivery

1. Pre-Lecture Reading and Materials

You will be provided with a reading list and brief handbooks before the corresponding lecture which cover the basic principles of the area of Law under investigation. No advanced preparation for lectures is required. The reading list and each handbook is designed to be read before attending the corresponding lecture and provides a structure through which you can start your learning around a topic. Each brief handbook contains various short-form questions so that you can test your knowledge and understanding of the core principles. The handbooks are cross-referenced with your reading list so that you can consult the textbooks/articles/cases etc in order to gain further knowledge of the area before attending the lecture.

2. Lectures

These are designed to offer a critical analysis of the more complex areas of the syllabus and will examine the basic principles of the law as they relate to the substantive legal topics on the syllabus. The basic principles will also be understood through the pre-lecture work completed under 1 above. Lectures will also offer an opportunity to understand the development and content of space in a practical context through the use of real-world examples and hypothetical scenarios. Lectures will not only focus upon the fundamental principles of the area but will be driven by applying those principles and authorities to complex factual situations and developing higher-level skills of analysis and critique. Lectures are designed to further test and refine your knowledge and understanding and also to develop other key skills, including but not limited to, problem solving, assessment technique and treaty interpretation. The handbooks for each lecture will be available on Moodle. Please note that no advanced preparation is required in advance of lectures.

3. Post-Lecture Feedback

After every day of lectures, Dr Anna Marie Brennan will release a brief summary, available through Moodle. The aim of this summary is to offer you feedback on student understanding and performance and clarify any areas of particular difficulty across the cohort. The summary will be released following each lecture and will be based on my own reflections. Your learning around a topic does not stop once the lecture is over. You should use the summary as a diagnostic tool which allows you to reflect critically on your understanding and help identify areas of uncertainty or misunderstanding whilst reinforcing those areas in which you are confident and guiding further work accordingly. They should be used in collaboration with the drop-in session materials which allow you to further test, develop and refine your understanding around a topic.

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Learning Outcomes

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Students who successfully complete the paper should be able to:

  • Students who successfully complete the paper should be able to:

    1. Demonstrate a critical knowledge and understanding of the key areas of immigration and refugee law, including its history, development, political and institutional aspects.

    2. Demonstrate the ability to effectively critique the general principles of immigration and refugee law as well as the Immigration and Protection Tribunal.

    3. Demonstrate an enhanced understanding generally of the specific workings of domestic and international immigration and refugee law, especially treaties, customary international law and how refugees and protected persons are defined and safeguarded both in New Zealand and internationally.

    4. Demonstrate an appreciation of some of the key immigration law issues confronting New Zealand.

    5. Demonstrate the ability to effectively critique existing arguments and to develop new arguments about a range of legal issues relating to immigration and refugee law including but not limited to immigration advisors, citizenship, residency, refugees, protected persons, appeals, deportations and enforcement.

    Linked to the following assessments:
    Multiple Choice Quiz (1)
    Take Home Assignment (2)
    Research Essay (3)
    Student Participation (4)
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Assessment

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This paper will be assessed by means of Class Participation, a Multiple Choice Quiz, a Take Home Assignment of 1,000 words (excluding cover page, footnotes and bibliography) and a Research Essay of 3,000 words (excluding cover notes, footnotes and bibliography). With regards the Research Essay, students will be given a range of options from which they must choose one question. Detailed guidance on the completion of these assessments will be provided in lectures.

In accordance with university regulations, please note that plagiarism, collusion and cheating are prohibited for all assessments, including the Take Home Assignment. All assessments, including the Take Home Assignment must be appropriately referenced with footnotes and a corresponding bibliography. All quoted material must be in enclosed quotation marks and accompanied by a footnote for all assessments, including the Take Home Assignment.

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Assessment Components

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The internal assessment/exam ratio (as stated in the University Calendar) is 100:0. There is no final exam. The final exam makes up 0% of the overall mark.

The internal assessment/exam ratio (as stated in the University Calendar) is 100:0 or 0:0, whichever is more favourable for the student. The final exam makes up either 0% or 0% of the overall mark.

Component DescriptionDue Date TimePercentage of overall markSubmission MethodCompulsory
1. Multiple Choice Quiz
25 Nov 2022
12:00 PM
33
  • Online: Submit through Moodle
2. Take Home Assignment
21 Nov 2022
12:00 PM
33
  • Online: Submit through Moodle
3. Research Essay
20 Jan 2023
12:00 PM
33
  • Online: Submit through Moodle
4. Student Participation
1
  • In Class: In Lecture
Assessment Total:     100    
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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Required and Recommended Readings

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Required Readings

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All law students are expected to purchase a copy of the New Zealand Law Style Guide (3rd edition).
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Recommended Readings

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Highly Recommended

  • Doug Tennent, Immigration and Refugee Law, 3rd ed. (Wellington: LexisNexis, 2017).

Further material may be provided on the paper on Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning system. Any such material is provided on the following terms:

University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary licenses to display the material on the site. As a student of the Te Piringa Faculty of Law, you are granted a limited license to use (access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be otherwise reproduced, reformatted, republished or re-disseminated in any manner or form without the prior written consent of University of Waikato. To obtain such consent, please contact the Te Piringa Faculty of Law.

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Online Support

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Online support for this paper is provided via Moodle. If you require assistance with Moodle, or encounter any problems, please contact the Help Desk. You can send a message to Help Desk by using the instant message service in your paper (from the participants list within the People block). Alternatively, you can email them directly at help@waikato.ac.nz or call 838 4008.
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Workload

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Students should expect to spend 150 hours in total on this paper. Significant time will need to be spent on background and complementary reading. Students should allow for periods of more-focused research time in the preparation of assignments.
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Linkages to Other Papers

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Prerequisite(s)

Corequisite(s)

Equivalent(s)

Restriction(s)

Restricted papers: LAWS417, LEGAL583

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