The course will focus primarily on the international legal instruments that create the global and regional refugee regimes, supplemented by additional materials that assist in the elaboration, construction and critique of these instruments. Attention will also be paid to national implementation of refugee protection and status determination procedures. While the Australian approach to refugee law and policy will be covered, this will be put in its regional, international and comparative contexts, with close attention also paid to challenges, developments and innovations in Europe, Africa and the Americas. The course will not focus exclusively on the legal category the ‘refugee’, but will consider complementary approaches to the protection of displaced persons and the challenges posed to the law - theoretically and practically - by forced displacement more broadly. This will include considering the perspective of displaced persons when confronted with borders, law and the legal system.

The course will address the origins of the international and regional systems of protection, their limitations and deficiencies; the role and relevance of UNHCR and other agencies; definitional problems; exclusion and cessation of refugee status; Palestinian refugees; core concepts of protection (including complementary protection), asylum, non-refoulement, non-penalization and refugee rights; asylum, temporary refuge, temporary protection and burden-sharing; durable solutions, ‘legal’ pathways and other innovations; protracted refugee situations; the challenge of ‘translation’ of international norms into domestic law; trends in status determination procedures; detention, 'deflection' techniques and deterrence regimes; other categories such as environmental, climate and internally displaced persons; regional mechanisms in Europe, Africa and the Americas; critical approaches to refugee law and forced displacement; and a consideration of possible future directions for the discipline.

Learning Outcomes

Upon successful completion, students will have the knowledge and skills to:

1. Analyse complex problems, concepts and theories in international refugee law and devise solutions appropriate to the specific context;
2. Undertake critical legal research, legal writing and resolution of complex legal problems with an international or transnational dimension across a range of issues and topics in international refugee law;
3. Research and write on the practice or theory of international refugee law including in-depth legal and policy research in the international refugee law field, as well as the implementation of refugee law domestically;
4. Incorporate social, policy, comparative or interdisciplinary approaches into legal analysis of international and domestic refugee issues;
5. Engage in original and critical reflection on international refugee law topics;
6. Communicate legal, policy and theoretical perspectives of international refugee legal issues effectively, both verbally and in writing; and
7. Structure, sustain and evaluate legal argument in international refugee law applying legal knowledge to complex international refugee legal problems in an analytical and creative manner.

Research-Led Teaching

The content of the course – including the readings and research-intensive means of assessment – is informed by the expertise and professional experience of the Convenor and benefits from Matthew Zagor's work on exclusion, detention, autonomy, authenticity, recognition and narrative identities.

Required Resources

There is no prescribed textbook for this course. Readings will be made available on Wattle two weeks prior to the course commencement date.

Recommended Resources

Whether you are on campus or studying online, there are a variety of online platforms you will use to participate in your study program. These could include videos for lectures and other instruction, two-way video conferencing for interactive learning, email and other messaging tools for communication, interactive web apps for formative and collaborative activities, print and/or photo/scan for handwritten work and drawings, and home-based assessment.

ANU outlines recommended student system requirements to ensure you are able to participate fully in your learning. Other information is also available about the various Learning Platforms you may use.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments
• feedback to whole class, groups, individuals, focus group etc

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/grading

Assessment Reviews and Appeals: https://law.anu.edu.au/assessment-review-and-appeals

Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website (https://www.anu.edu.au/students/academic-skills/academic-integrity ) provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide (https://libguides.anu.edu.au/generative-ai ) is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site (https://www.anu.edu.au/students/academic-skills ) provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site (https://law.anu.edu.au/academic-integrity-and-misconduct ) provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Day 1: 5 NovemberIntroduction to international refugee law Reading contemporary affairs as an international refugee lawyer The origins and evolution of international refugee law, including developments in human rights law	This lesson will be in-person in Phillipa Weeks Staff Library, ANU College of Law, Building 7, Room 7.4.1.
2	Day 2: 7 NovemberNon-refoulement: the cornerstone of international refugee law Status, content and contours of the norm and the 1951 Convention relating to the Status of Refugees and its 1967 Protocol Theories and different perspectives on international refugee law	This lesson will be in-person in Phillipa Weeks Staff Library, ANU College of Law, Building 7, Room 7.4.1.
3	Day 3: 12 NovemberLimits and borders of international refugee law Non-refoulement's limits? Mass influx, art 33(2), derogations, diplomatic assurances, collective expulsion Extraterritoriality and externalisation - pushing out borders
4	Day 4: 14 NovemberDefinition & recognition Interpreting the definition – how far can it go?  Applying the definition - refugee status determination
5	Day 5: 19 November Exclusion and securitisation Exclusion - Article 1F Securitization of international refugee law
6	Day 6: 21 November Other refugees and stateless people Palestinian refugees - Article 1D Statelessness
7	Day 7: 26 NovemberAsylum Asylum, non-penalization, and deterrence Third-country 'arrangements'
8	Day 8: 28 November Solutions and protection in practice Solutions and 'legal' pathways Protection in the Field
9	Day 9: 3 DecemberThe Global Compact on Refugees Shifting paradigms - humanitarian/development nexus and the engagement of international financial institutions Responsibility and burden sharing, international cooperation, solidarity and the new multilateralism
10	Day 10: 5 December International protection and the institutions of international refugee law - panoramic views The international refugee architecture - UNHCR, UNRWA, IOM Mixed movements and the 'whole-of-route' approach
11	Day 11: 10 December The Australian encounter with international refugee law From Evian to Operation Sovereign Borders and beyond - norm entrepreneurship in age of deterrence International refugee law in Australian law and strategic litigation
12	Day 12: 12 December Looking Forward A consideration of the direction, continuing relevance and sustainability of IRL in the face of the seemingly permanent crises of political instability and climate change, as well as the rise of surveillance technologies, authoritarian ideologies and ethno-nationalism. Sovereignty, the whole of society, and centring the refugee voice - an opportunity for renewal?

Tutorial Registration

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Contribution to Online Discussions	10 %	12/12/2024	11/02/2025	1,2,6
A Short Answer Assignment	30 %	27/11/2024	10/12/2024	1,2,3,6,7
Research Assignment	60 %	16/01/2025	06/02/2025	1,2,3,4,5,6,7

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

Assessment Task 1

Contribution to Online Discussions

Details of Task: During the intensive, students must make 4 posts into these fora which substantively engage with the issues raised for discussion and/or the contributions of others in the class in response to those questions. Each participant’s contributions will be reviewed and a participation grade provided according to the below assessment criteria.

Nature of the Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Weighting: 10%

Release: Topics for discussion will be posted from the first to the last day of the intensive and students can engage with those posts at any time over the course of the intensive. Contributions will be counted towards the mark until the final day of the intensive.

Word limit: 800 words for all four posts. The ANU College of Law excess word penalty policy can be found here: https://law.anu.edu.au/word-length-and-excess-word-penalties.

Due Date: 5pm, Thursday 12 December 2024. Due to the nature of the task, late submission or extension is not permitted.

Estimated return date: 11 February 2025

Assessment Criteria:

• understanding of relevant law and legal policy.
• critical and analytical response to the topic.
• structure and organisation of ideas.
• references to, and engagement with, relevant primary and secondary sources.
• written expression, including use of legal terminology proof-reading, grammar and punctuation.

Assessment Task 2

A Short Answer Assignment

Details of Task: Students will be required to answer four questions in answers of no longer than 600 words each, drawing primarily upon the content of the lectures and seminars. This assignment acts as a learning aid to consolidate the foundational knowledge of international refugee law which must be understood before undertaking more in-depth research or practice in the discipline. It also provides an opportunity to apply some of that knowledge to hypothetical scenarios. This requires grappling with and applying the basic definitions and principles tackled in the course, as understood in the jurisprudence and writings of publicists. 

Nature of the Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Word limit: 2,400 words. The ANU College of Law excess word penalty policy can be found here: https://law.anu.edu.au/word-length-and-excess-word-penalties. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.)

Weighting: 30%

Release: 5pm, Wednesday 13 November 2024 via Wattle. 

Due date: 5pm, Wednesday 27 November 2024 via Turnitin. Late submissions (without an extension) are permitted, but late penalties will apply.

Estimated return date: 10 December 2024

Assessment Criteria: 

a) Understanding of the Issues

 b) Communication & Development of Argument

 c) Argument/Analysis

 d) Research Coverage

e) Presentation, style and referencing

Assessment Task 3

Research Assignment

Details of Task: The research assignment is designed to give students an opportunity to explore a specific issue in refugee law in depth, engaging with the scholarship and jurisprudence in the area. Depending upon the topic chosen, students will need to engage with the international mechanisms and norms in the discipline, their effectiveness, coherence, implementation and status. This will require demonstrating an in-depth understanding of how relevant norms, principles, institutions and theories have been interpreted, interrogated, challenged and/or consolidated by epistemic communities (academics, judges, political institutions, UNHCR, NGOs etc). Where relevant, comparative analysis should be undertaken, and alternative policy approaches considered. Students will need to demonstrate an ability to discuss and debate the various issues that their topic generates, and to reach persuasive, reasoned conclusions about the state and direction of relevant law and policy. Those undertaking a theoretical topic should demonstrate a sound and critical understanding of relevant theoretical concepts and structures. 

Nature of the Task: Compulsory and non-redeemable. Failure to submit this assessment will result in a mark of zero for this assessment task.

Approval of Topic: The Convenor will provide a list of suitable topics on WATTLE. However, students are encouraged to formulate their own topics which are to be approved by the Convenor by Tuesday 3 December 2024. All students must notify the Convenor which topic they have chosen by this date.

Weighting: 60%

Release: 3pm, Tuesday 5 November 2024.

Due Date: 5pm, Thursday 16 January 2025 via Turnitin. Late submission (without an extension) is permitted, although late penalties will apply. Please be mindful that if you are in your final semester, late submissions will have an impact on your eligibility to graduate on time.

Word limit: 4,800 words. The ANU College of Law excess word penalty policy can be found here: https://law.anu.edu.au/word-length-and-excess-word-penalties. Assessment must be submitted in a word processing file format (.doc, .docx). PDF files are not acceptable.

Estimated return date: Thursday, 6 February 2025.

Assessment Criteria: An assessment rubric will be available in Wattle.

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item. Late submission is not accepted for take-home examinations.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material. Any use of artificial intelligence must be properly referenced. Failure to properly cite use of Generative AI will be considered a breach of academic integrity.

Returning Assignments

All marks and feedback will be provided by the return date listed in the class summary. 

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Accessibility for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students