Refugee Law (LAWS50101)
Graduate coursework level 5Points: 12.5On Campus (Parkville)
About this subject
Contact information
Semester 2
Teaching staff:
Jade Roberts (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | Semester 2 |
|---|---|
| Fees | Look up fees |
This subject offers JD students the opportunity to undertake advanced and specialised study in an important contemporary subset of public law. Refugee law in Australia (as in most of the 147 states party to the Refugee Convention) is inspired and guided by international treaty obligations but anchored in domestic constitutional and administrative law. It is therefore an excellent example of the interdependence of domestic and international public law.
At the heart of the course is the constant tension between international and domestic public law, a tension that exists across the legal system as a whole but is particularly poignant in the context of human rights law. This theme is examined throughout the course as students are introduced to the way in which this struggle has manifested in Constitutional Law (both in the context of interpreting the Commonwealth's broad plenary powers over 'aliens' and 'immigration' and in understanding the limits on Commonwealth power) and Administrative Law (by examining the significant impact which refugee law has had on shaping and pushing the boundaries of administrative law principles). Another central theme is the tension between branches of government; in particular the courts on the one hand and the legislature and executive on the other.
The subject will begin with an historical introduction to international refugee law, before turning to consider the key international instruments for the protection of refugees including the Refugee Convention and Protocol (including the role of the UNHCR); regional instruments; customary international law; and international human rights treaties. The course concentrates primarily on the 1951 Convention, exploring the key controversies in interpreting the refugee definition and extent of international protection afforded to refugees. This provides a framework for considering the implementation of the Refugee Convention in Australian domestic law. The course will also equip students to read, comprehend and contextualise comparative jurisprudence, because in examining the way in which Australian decision-makers have interpreted the definition of 'refugee', students will study high level case-law from across the common law world, as well as some key decisions from civil law jurisdictions.
Intended learning outcomes
A student who has successfully completed the subject should have a rich and integrated understanding of the domestic and international aspects of the governance of refugee law in Australia. In particular, students should:
- Understand the international development of refugee law;
- Have specialised knowledge of the different international instruments governing refugee law at the international level and understand the differences between them;
- Have advanced knowledge of the framework for resolving the key controversies in interpreting the definition of 'refugee' in the 1951 Refugee Convention, namely, by reference to the rules of treaty interpretation and comparative jurisprudence;
- Have an expert understanding of the way in which international refugee law is implemented in the Australian domestic legal system;
- Understand at an advanced level the structure of decision-making in Australian refugee law, including the important role of tribunals and the limited nature of judicial review;
- Have insight into the practical operation of refugee law in Australia and an ability to critically analyse and reflect on the limits of judicial review;
- Have advanced and specialised knowledge of the way in which refugee law has shaped the development of administrative law principles; and
- Have an advanced and nuanced understanding of the challenges in implementing international refugee law in Australia domestic law and be able to reflect critically on current refugee policy including in respect of regional processing arrangements.
Generic skills
On completion of Refugee Law, students should have developed and demonstrated their skills in the following areas:
- Advanced and specialised skills in reading, comprehending and interpreting Australian legislation and case-law;
- Advanced technical skills in treaty interpretation (drawing on and extending skills in statutory interpretation developed in previous public law compulsory subjects);
- An expert ability to read, comprehend, reflect on and synthesise case-law interpreting the definition of 'refugee' from a wide range of common law and civil law jurisdictions;
- An ability to understand and apply general principles and theories of international law and international human rights law to the specialised context of refugee law;
- An advanced capacity for critical and independent thought and reflection, in particular to reflect critically on contemporary refugee law, policy and practice in Australia; and
- An advanced ability to observe, evaluate, interpret and transmit an analysis of a discrete refugee law case in the form of written assessment.
Last updated: 4 March 2025
Eligibility and requirements
Prerequisites
Admission into the MC-JURISD Juris Doctor
AND
All of
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
| LAWS50024 | Principles of Public Law | Semester 1 (On Campus - Parkville) |
12.5 |
| LAWS50028 | Constitutional Law | Semester 2 (On Campus - Parkville) |
12.5 |
| LAWS50032 | Administrative Law | Semester 1 (On Campus - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS70366 | International Refugee Law | May (On Campus - Parkville) |
12.5 |
| LAWS70394 | International Refugee Law:Refugee Rights | No longer available |
Recommended background knowledge
It is recommended that students complete the below subject before attempting this one. However this is not compulsory. Students who have not completed the below subject will be provided with some additional background reading at the beginning of the subject.
| Code | Name | Teaching period | Credit Points |
|---|---|---|---|
| LAWS50041 | Public International Law |
Semester 1 (On Campus - Parkville)
June (On Campus - Parkville)
|
12.5 |
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1: Online take-home examination
| During the examination period | 100% |
Option 2: Research essay (See below)
| During the examination period | 100% |
| Hurdle requirement: Attendance at 75% of classes (minimum). | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Research Essay
If students choose the essay option, they will be expected to devise their own topic in consultation with the subject coordinator. It is expected that students will attend a lunch time session on research skills conducted by the library, undertake sophisticated research including both primary and secondary material, generate complex argumentation, and demonstrate highly developed analytical and critical skills.
The due dates of interim assessment will be made available to students on the Assessment Schedule on the Juris Doctor Canvas LMS Community. Note, these are updated regularly.
Last updated: 4 March 2025
Quotas apply to this subject
Dates & times
- Semester 2
Principal coordinator Jade Roberts Mode of delivery On Campus (Parkville) Contact hours 36 hours Total time commitment 150 hours Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 28 July 2025 to 26 October 2025 Last self-enrol date 8 August 2025 Census date 1 September 2025 Last date to withdraw without fail 26 September 2025 Assessment period ends 21 November 2025 Semester 2 contact information
Teaching staff:
Jade Roberts (Subject Coordinator)For current student enquiries, contact the Law School Academic Support Office
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has an enrolment quota. Please refer to the Juris Doctor enrolment webpage for further information about re-enrolment and subject quotas. Melbourne Law School may reserve places in a subject for inbound study abroad and exchange students.
Last updated: 4 March 2025
Further information
- Texts
- Related Handbook entries
- Links to additional information
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025