Year
2024Credit points
10Campus offering
No unit offerings are currently available for this unitPrerequisites
Nil
Teaching organisation
4 hours per week for twelve weeks or equivalent.
Unit rationale, description and aim
Australia is one of the most successful multicultural countries in modern times with a long history of accepting refugees and migrants since World War II. The central focus of this unit will be the rights of migrants and refugees available in Australia. In a report, the Australian Law Reform Commission (ALRC) identified discrimination and racism, language and cultural barriers, lack of culturally responsive institutions, and lack of knowledge and information as the key barriers to access to justice for ethnic and indigenous communities. This unit begins by helping students to identify the particular needs of migrants and refugees who are victims of violence, in relation to their experiences with the legal system, and outlined where changes in policy are required in order to provide greater protection to these marginalised groups.
Students will examine the laws and procedures by which vulnerable migrants and refugees navigate, resist or escape violence through case studies. Students will also be introduced to the international and national legal frameworks for the protection of this group of people.
The aim of the unit is to develop students' knowledge and understanding of the interaction between the criminal justice system and migrants and refugees.
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.
| Learning Outcome Number | Learning Outcome Description | Relevant Graduate Capabilities |
|---|---|---|
| LO1 | Critically examine international and national legal frameworks for the protection of refugees and migrants. | GC1, GC2, GC3, GC7, GC8, GC9, GC11 |
| LO2 | Investigate and analyse the concept of victimology and crimmigration and understand the vulnerability of migrants and refugees in Australia. | GC1, GC2, GC3, GC7, GC8, GC9, GC10, GC11, GC12 |
| LO3 | Identify the key criminal justice institutions and evaluate critically the contemporary responses and role of the criminal justice system in establishing the rights of this marginalised group. | GC1, GC2, GC3, GC7, GC8, GC9, GC11 |
| LO4 | Conduct guided basic research by identifying and analysing academic sources, using a range of library resources and databases, and apply appropriate referencing conventions relevant to the discipline. | GC2, GC3, GC9, GC10 |
Content
1. International legal frameworks on Refugee and Migrant protection
2. Refugees, Migrants, and diverse communities in Australia
3. Migration Law and Policies: Australia
4. Refugee Law and Policies: Australia
5. Understanding of refugee and migrant victimology in Australia
Victims of crime
Victims of fear of crime
Victims of racial abuse and violence
6. Migrant and refugee women, domestic violence, and the issue of coercive control
7. The Concept of Crimmigration: ethnicity and Crime
8. Deterrence Vs Protection and the criminal justice system
9. Family Law and protection for migrant and Refugee Women and Children
10. Interaction with police
11. Refugees and Migrants in the Court
12. Access to Justice: Legal Aid and Pro Bono services
Learning and teaching strategy and rationale
The strategy is to encourage students to actively engage with unit content and their peers; to provide a clear link between lecture content to develop an authentic, case-based understanding of the interaction between criminal justice institutions and migrants and refugees. Within an integrated learning framework, lectures will provide core content relating to the topics identified above and begin a process of active, engaged, exploration which will be deepened by detailed explanations and further investigation in classes.
This unit helps students to develop their knowledge of laws and policies for the protection of migrants and refugees (including international and domestic). Students will learn the concept of victimology and crimmigration through different case studies. Each component is intended to build on knowledge, understanding, and skills to progressively scaffold student learning.
The online learning platform used in this unit provides multiple preparatory and practice opportunities to guide in-class and out-of-class study. Online learning assistance in the form of learning resources, notices, and assessment information (including online submission, marking, and return of results/feedback), is student-focused, affording greater accessibility and flexibility to the learning experience.
Assessment strategy and rationale
This unit has three assessment tasks that are designed to scaffold learning, as well as to determine learning outcomes.
The first assessment task will cover Short Answer Responses. This assessment builds their knowledge of the legal frameworks related to the rights and protection of refugees and migrants. This aligns with the first learning outcome. The second assessment task will be the Group Presentation (Case Study Presentation). It requires students to demonstrate effective communication in oral and written English language. It also requires students critically examine victimology and crimmigration and other vulnerabilities of migrants and refugees. They require to research and present their findings to the class. The third assessment task will be a Research Essay. This assessment develops skills around evaluating the role of criminal justice institutions in ensuring justice and the rights of this vulnerable community.
For each assessment, there will be the incorporation of developmentally staged tasks with a focus on a progressive approach to learning. This will be achieved through activities, including regular feedback, particularly early in the unit of study to support their learning; strategies to develop and understand discipline-specific concepts and terminology; in-class practice tasks with integrated feedback; and greater peer-to-peer collaboration.
Overview of assessments
| Brief Description of Kind and Purpose of Assessment Tasks | Weighting | Learning Outcomes | Graduate Capabilities |
|---|---|---|---|
This assessment builds their knowledge of the legal frameworks related to the rights and protection of refugees and migrants. Student requires to complete two short answer responses. Questions are designed to allow students to demonstrate their developing skills in locating, referencing, and analysing research materials. A rubric will be utilised for this assessment. | 20% | LO1, LO4 | GC1, GC2, GC3, GC7, GC8, GC9, GC10, GC11 |
Requires students to demonstrate effective communication in oral and written English language. It also requires students critically examine victimology and crimmigration and other vulnerabilities of migrants and refugees. They require to research and present their findings to the class. Students will have the opportunities to compare each other works. | 30% | LO2, LO4 | GC1, GC2, GC3, GC7, GC8, GC9, GC10, GC11, GC12 |
This assessment develops skills around evaluating the role of criminal justice institutions in ensuring justice and the rights of these vulnerable communities. Students require to provide recommendation and a practical plan to address the needs of migrants and refugees. | 50% | LO3, LO4 | GC1, GC2, GC3, GC7, GC8, GC9, GC10, GC11 |
This Unit requires you to use the American Psychological Association (APA) 7th edition referencing system. Please see: Library Guide: APA 7 - Referencing - Library guides at Australian Catholic University (acu.edu.au)
Representative texts and references
- Pickering, S., & Ham, J. (Eds.). (2017). The Routledge handbook on crime and international migration. Routledge.
- Hoang, K., Reich, S. Managing crime through migration law in Australia and the United States: a comparative analysis. CMS 5, 12 (2017).
- Gerard, A., & Pickering, S. (2013). Crimmigration: Criminal justice, refugee protection and the securitisation of migration. Bersot, H. & Arrigo, B. The Routledge Handbook of International Crime and Justice Studies, Routledge: London.
- Jane McAdam, Australia and Asylum Seekers, International Journal of Refugee Law, Volume 25, Issue 3, October 2013, Pages 435–448, https://doi.org/10.1093/ijrl/eet044
- Gatt, K. (2011). Sudanese refugees in Victoria: An analysis of their treatment by the Australian Government. International Journal of Comparative and Applied Criminal Justice, 35(3), 207-219.
- Vrachnas, J., Bagaric, M., Dimopoulos, P., & Pathinayake, A. (2011). Migration and refugee law: Principles and practice in Australia. Cambridge University Press.
- Dorevitch, A., & Foster, M. (2008). Obstacles on the road to protection: assessing the treatment of sex-trafficking victims under Australia's migration and refugee law. Melbourne Journal of International Law, 9(1), 1-46.
- McDonald, W. F., & Erez, E. (2007). Immigrants as victims: A framework. International Review of Victimology, 14(1), 1-10.
- Collins, J. (2007). Immigrants as victims of crime and criminal justice discourse in Australia. International Review of Victimology, 14(1), 57-79.
- Deljo, A. K. (2000). Refugees encounter the legal justice system in Australia: A case study. Psychiatry, Psychology and Law, 7(2), 241-253.