Unit rationale, description and aim
Migration practitioners need to apply their legal, practical, and written skills to prepare advocacy documents such as Tribunal statements, Ministerial Intervention requests, responses to parliamentary inquiries, and various legal publications to effectively advocate for their clients. The rationale for this unit is to provide students with applied legal skills that are directly relevant to professional practice, ensuring they can communicate complex legal issues clearly and effectively to clients, stakeholders, and the broader public.
The unit incorporates interdisciplinary approaches to legal analysis and statutory interpretation, enabling students to critically engage with law and policy across multiple contexts. Students will develop research, legal writing, and reasoning skills that prepare them to support clients in diverse migration matters.
The aim of the unit is to produce graduates who can apply theoretical knowledge in practice, communicate clearly and persuasively in writing, and navigate the legal and procedural requirements of migration advocacy. By combining applied tasks with analytical frameworks, the unit fosters both the practical competence and critical understanding necessary for effective professional engagement in the field.
Learning outcomes
To successfully complete this unit you will be able to demonstrate you have achieved the learning outcomes (LO) detailed in the below table.
Each outcome is informed by a number of graduate capabilities (GC) to ensure your work in this, and every unit, is part of a larger goal of graduating from ACU with the attributes of insight, empathy, imagination and impact.
Explore the graduate capabilities.
Critically apply advanced theoretical frameworks t...
Learning Outcome 01
Demonstrate knowledge and understanding of the rol...
Learning Outcome 02
Critically analyse relevant legal documents throug...
Learning Outcome 03
Solve legal problems using current legal research,...
Learning Outcome 04
Develop and produce high-quality written and oral ...
Learning Outcome 05
Content
· Role of advocacy in Migration Law and Practice
· The different forms of written advocacy
· Effective research for advocacy
· Techniques for writing persuasively
· Understanding your audience
· Developing a case theory and narrative
· Advocating in an ethical way
· Preparing and delivering logical and persuasive submissions
Assessment strategy and rationale
The assessment framework for these units is designed to integrate theoretical knowledge, research, and practical skills in migration law and advocacy. Applied research and problem-solving tasks (LO1, LO2, LO4, LO5) develop students’ ability to critically analyse contemporary migration issues and communicate findings effectively in both written and oral formats. Advocacy assessments (LO1, LO3, LO4, LO5) build advanced skills in constructing persuasive arguments, applying interdisciplinary perspectives, and engaging in adversarial scenarios. The migration law research thesis (LO1–LO5) further consolidates these capabilities, requiring independent, in-depth research, structured analysis, and scholarly communication, supported through a staged proposal and viva process. Collectively, these assessments ensure students achieve the unit learning outcomes while demonstrating the graduate capabilities necessary to advocate and research to support vulnerable members of the community. To pass the unit, students must achieve at least 50% of the total marks, including all three assessment items.
To pass the unit, students must achieve an overall mark of at least 50%. The final grade will be based on the total marks from all assessment items completed. While you don’t have to complete every assessment item, only the assessments you submit will contribute to your final grade.
Overview of assessments
Assessment Task 1 Details : This assessment is a...
Assessment Task 1
Details: This assessment is a research assignment with applied problem solving. This assessment requires students to identify and analyse contemporary issues in Australia’s migration program; students will be required to apply critical thinking to emerging case law and relevant theories. This assessment comprises two parts: 25% written assessment and 25% Oral assessment.
Purpose: The purpose of this assessment is to develop students’ research, critical thinking, and applied problem-solving skills by analysing contemporary Australian migration issues. Students will engage with emerging legal issues and relevant theoretical frameworks and communicate their findings effectively through both written and oral formats.
Format: Written and Oral Assessment
50%
Assessment Task 2 Details : This assessment is a...
Assessment Task 2
Details: This assessment is an advocacy submission within a defined adversarial scenario. It requires students to apply theoretical knowledge in a practical context to advocate effectively for a specific purpose. The assessment aims to develop advanced advocacy skills relevant to real-world situations. Students will complete a written submission (25%) and an oral presentation (25%), both of which contribute to their overall demonstration of the learning outcomes.
Purpose: The purpose of this assessment is to develop students’ advanced advocacy skills by applying theoretical knowledge in a practical, adversarial context. It is designed to help students critically analyse issues, construct persuasive arguments, and effectively communicate their position through both written and oral advocacy. This assessment prepares students for real-world legal and professional scenarios where advocacy is required.
Format: Written and Oral Assessment
50%
Learning and teaching strategy and rationale
The Graduate Diploma in Australian Migration Law and Practice prepares students for registration and practice as a migration agent. Enrolment in further studies through the Masters of Migration Law is undertaken by students who may wish to specialise in an area of migration law or work within a broader range of practice. A master’s degree qualifies students to both apply an advanced body of knowledge or prepare for further studies.
This unit will be delivered in online mode to provide accessibility and flexibility to our post graduate students and a student focused approach that increases depth of learning and engagement through actively utilising Canvas.
Representative texts and references
Representative texts and references
· The Honourable Justice KM Hayne AC, "Written Advocacy", a paper delivered as part of the continuing legal education program of the Victorian Bar, 5 and 26 March 2007.
· https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Making_a_submission
· Ministerial Directions under s499, Ministerial Guidelines for Intervention s351, s417.
· AAT Practice Directions under s18 B Administrative Appeals Act 1975 (will be updated for new Federal Administrative Review Tribunal)
· Love v Commonwealth [2020] HCA 3; 270 CLR 152
· NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37
· Austlii http://www.austlii.edu.au ;Legendcom http:// http://www.border.gov.au/Trav/Visa/LEGE
· Australian Guide to Legal Citations
· Acts Interpretation Act 1901 (Cth)
· Legislative Instruments Act 2003 (Cth)