TE PIRINGA - FACULTY OF LAW
Immigration and Refugee Law 2014 Outline
1.
Identification of Paper
Paper: LAWS 417 14 S
This paper carries 20 points
2.
Staffing
Doug Tennent
(Convenor)
Phone: 838 6731
Room: G. 21
email: dtennent@waikato.ac.nz
Generally available throughout the course.
3.
Description and Structure of Paper
A detailed examination of Immigration and Refugee Law as applied in the New Zealand context.
(b) Structure of the Paper
Lectures
Tuesday 10.00 a.m.- 12.00 p.m. S1.02
1.00 p.m. – 3.00 p.m. S1.02
Friday
10.00 a.m. - 12.00 a.m. S 1.05
1.00 p.m. - 3.00 p.m. S 1.05
There will be one (1) optional tutorial each week. Details about this will be given at the
first lecture.
(c) Attendance
Te Piringa - Faculty of Law places great emphasis on providing students with opportunities for
high achievement in law papers. This however requires students to attend and actively participate
in classes. For this reason there is a requirement that students are to attend 75 per cent of the
classes in order to complete the course. A regular role will be kept of attendance. The idea of the
optional tutorial is to consolidate what has been covered in the lecture topics
4.
Learning outcomes
A student who has successfully completed this paper should have the necessary foundation to
embark in practice in this area. This is done through:
- students becoming familiar with the complexities of the Immigration Act 2009 and other
relevant pieces of legislation which impact on Immigration Law;
- students becoming aware of the complexity of Immigration Instructions;
- students becoming aware of the complexities and challenges in determining refugee and
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protected person status;
-students appreciating the issues involved when advocating in a humanitarian appeal against
deportation;
-students starting to develop the skills for advocating for people who apply for visas in
special circumstances when they are living in New Zealand unlawfully;
- students coming to appreciate how the rights arising out of citizenship can be used to advance
cases for certain appellants.
It is not expected that students will be experts in these different areas. What is expected is that
students should be familiar with the law and issues surrounding the law and have the necessary
skills to enquire and research further in the different areas.
5.
Workload
Students should expect to spend 200 hours in total on this paper. In addition to lecture
attendance, 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.
6.
Required and Recommended Reading
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, 2nd edition, Thomson Reuters (2011). This is available from
Bennetts, at an approximate price of $37 incl GST.
In addition to the texts identified below, the Faculty of Law requires that student’s purchase the
course materials book(s) for this paper. These are available from Waikato Print.
Relevant Text: D Tennent Immigration and Refugee Law (2014) Lexis Nexis Second Edition.
Further material may be provided on the paper site 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.
Two important websites for this paper are:
-website for Immigration New Zealand www.immigration.govt.nz
-website for Immigration and Protection Tribunal:
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www.justice.govt.nz/tribunals/immigration-protection-tribunal.
7.
Online support
Online support for this paper is provided via Moodle.
8.
Assessment
a)
Requirements for assessed work
Te Piringa - Faculty of Law procedures for the presentation, submission and referencing of course
work are set out in the Te Piringa - Faculty of Law Undergraduate Handbook @ p.51 which is
available from www.waikato.ac.nz/law/undergraduate. See also page 66 on plagiarism. Also
refer to paragraph 12 in this document.
An assignment template document including coversheet is available on the Law Student
Homepage http://www.waikato.ac.nz/law/student.
b)
Coursework: Final Examination Ratio: 1:0
c)
Assessment Components
Component
Percentage of overall mark
1. Assignment focused
on the issuing of visas
in special circumstances
- 6 pages
2. major considering the
difference between
refugee and protected
person status
3. A written submission
for an appeal against
deportation on
humanitarian grounds. (10 pages)
4. Class attendance
Due date
25%
23rd January (9.00 a.m.)
30%
7th February (5.00 p.m.)
35%
20th February (9.00 a.m.)
10%
1. The first assignment will require the writing of a written submission applying for the
granting of a visa in special circumstances.
2. The second assignment will focus on the difference between refugee and protected
person status.
3. The third assignment will be a written submission for a humanitarian appeal against
the deportation of a person who is unlawfully in New Zealand.
All three assignments have a practical focus which reflects the practical emphasis being
given to the course.
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d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz),
and include a coversheet. The coversheet template is provided on the Law Student Homepage
(http://www.waikato.ac.nz/law/student. See Te Piringa - Faculty of Law Undergraduate
Handbook, available at www.waikato.ac.nz/law/undergraduate. It is the policy of Te Piringa Faculty of Law to return marked work to students within five weeks of submission.
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.
e)
Measurement of Achievement
Achievement in examinations and tests will be measured primarily in terms of levels of
understanding and knowledge gained. Achievement in assignments will be measured also in
terms of fluency and accuracy of expression and referencing.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
(i)
Extensions
Students are required to complete and submit all internal assessments by specified dates. The
meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to
all students taking the paper. Handing in course work on or before the due date also facilitates
the timely return of marked work by academic staff. Students should meet requirements as to
time deadlines for course work, or make a request for an extension or special consideration in
appropriate circumstances (see Undergraduate Programmes Manual available from the School of
Law Undergraduate website www.waikato.ac.nz/law/undergraduate/). Failure to comply with
requirements as to the time deadlines for internal assessment without having successfully applied
either for an extension or special consideration with supporting evidence before the due date will
result in deduction of 2.5 marks for each day the work is late. Lateness of more than a week may
result in the work not being marked. No deadlines may be extended beyond two weeks after the
last teaching day of the semester(s) in which the paper is taught as final grades must go to the
Board of Examiners at this time. Unless an extension in writing has been granted, a lecturer may
refuse to accept a piece of work which is submitted after the specified date, and automatically
award it no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Law Reception, must be submitted to
the Chief Examiner or nominee. Students should not submit the extension form to the lecturer,
nor should students seek extensions from the lecturer via other forms of communication.
Extensions will be granted only on evidence of illness, family bereavement, or serious personal
accidents or circumstances. Please note that too many assignments due at the same time is NOT
an acceptable reason, neither are claims that computers and/or printers have crashed. Account
will be taken of the time in which the student has had to complete the internal assessment before
the intervening event occurred. It will be important to consider if the grant of the extension will
give the student in question an unfair advantage over other students. A maximum period of 14
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days will be given as an extension unless there are exceptional circumstances. In determining
applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the
relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the
nominated Administrative Assistant will advise the student of the decision by email. Following
this, the extension form will be given to the relevant lecturer who will retain it until after the
assignment is marked and returned to students. The form will then be placed on the student’s
file. It should be noted that if an extension of longer than 14 days is granted, the assignment will
not be automatically printed out and delivered to the lecturer, therefore the lecturer is
responsible for ensuring the assignment is printed. In appropriate cases, when a student’s
application for extension is declined the Chief Examiner or nominee will inform the student of the
process for applying for special consideration.
ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2014 list in detail the
university-wide policies and procedures, which apply concerning missed examinations, impaired
performance or impaired preparation time for an examination, and missed or impaired course
work. Students are responsible for ensuring that they comply with these regulations. Application
forms for special consideration for internal assessment are available from law reception.
iii)
Appeals (University Calendar 2014, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Head of
Student & Academic Services not more than seven days after the date on which notification of the
relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Academic Programmes Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
iv) No electronic devices are allowed in any internal test or exams.
v) If you wish to submit your Internal Assessment in Māori, you need to obtain an application
form from the Law Reception at least 14 days before the assessment is due.
vi) If you wish to apply to write your official exams in Māori, you need to complete the official
application form from the University’s Assessment Office.
(refer to the Policy on the Use of Māori for Assessment in the University Calendar)
9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2014:
Assessment Regulations 2005
Student Discipline Regulations 2008
Computer Systems Regulations 2005
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Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
Links to other papers
Immigration and Refugee Law has direct links to Administrative Law, International Law and
International Human Rights.
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
(a)
(b)
(c)
Referencing guidelines and caution against plagiarism
Referencing must be in accordance with the New Zealand Law Style Guide (2nd Ed)
Thomson Reuters 2011.
All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or
unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2008 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes the
copying or paraphrasing of another person’s work in an assessment item without
acknowledging it as the other person’s work through full and accurate referencing; it
applies to assessment presented through a written, spoken, electronic, broadcasting,
visual, performance or other medium.” See section 3, Assessment Regulations (2014
Calendar)
The Te Piringa - Faculty of Law’s policy regarding plagiarism is contained in the Te
Piringa - Faculty of Law Undergraduate Handbook and the Te Piringa - Faculty of
Law
Undergraduate
Programmes
Manual,
available
from
www.waikato.ac.nz/law/undergraduate/.
13.
Health and safety
The Law School’s Health and Safety representative is Ms Alison Saunders who is in Room Law
G.44 at ext 4167.
14.
Class representation
See p.43 Te Piringa - Faculty of Law Undergraduate Handbook available from
www.waikato.ac.nz/law/undergraduate/. Contact details for the Student Representation
Coordinator, Academic Services Division, are as follows: Jeanie Richards, Student Services, ext.
8221, email: student.reps@waikato.ac.nz.
15.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process
for handling concerns and complaints and is available from Faculty and School Offices, The
Gateway and Student Services Division and is contained in the Calendar 2014. See also the
document Student Support Structure at Te Piringa - Faculty of Law, available from law reception.
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Lecture Schedule Summer School 1
Week Commencing
Programme of lecture topics
6 January (Summer semester 1 begins 6 January)
7 January
10.00-12.00
1.00-3.00 p.m.
9 January
10.00-12.00 a.m.
1.00- 3.00 p.m.
13 January
14 January
16 January
20 January
21 January
23 January
10.00- 12.00 a.m.
The issuing of visas
circumstances. (s 61)
1.00-3.00 p.m.
Citizenship
10.00-12.00 a.m.
in
special
Citizenship
1.00- 3.00 p.m.
i) Conclude Citizenship
ii) The
implications
of
being
unlawfully in New Zealand and
Turnaround at Airport
10.00- 12.00 a.m.
1.00- 3.00 p.m.
i) Refugee Status
ii) Refugee Status
10.00 -12.00 a.m.
1.00p.m.-3.00 p.m.
27 January Anniversary Day
28 January
10.00- 12.00
1.00- 3.00
30 January
10.00- 12.00
1.00- 3.00
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General administration and overview of
the course.
The importance and relevance of
international law to Immigration and
Refugee Law.
Statutory requirement for being lawfully
present in New Zealand. The issuing of
visas noting those people who are not
entitled to receive a visa. Commence
discussion on visas and entry permission.
The issuing of visas having specific
regard for residence visas focusing on the
Skilled Migrant category.
Refugee Status
Protected Person Status
Protected Person Status
i)Conclude Protected Person
status;
ii) Refugee and Protected Person
determinations.
3 February
4 February
6 February
10 February
11 February
13 February
10.00- 12.00
1.00- 3.00 p.m.
Waitangi Day
10.00 – 12.00
1.00-2.00 p.m.
10.00-12.00 a.m.
1.00- 3.00 p.m.
Deportation
Deportation
Deportation
i) Complete Deportation.
ii) The Statutory Appeal process.
Judicial Review and classified information.
Bringing together the course and
concluding comments.
17 February
19 February
Third Assignment due
Assignment 1 Visa
Assignment 2 Refugee and Protected Person
Assignment 3 Deportation
Due 23rd January 9.00 p.m.
Due 7th February 5.00 p.m.
Due 20 February 9.00 a.m.
Note
Two films will be shown during the course. These are:
Romero;
The Killing Fields.
Both films illustrate how the sustained and systemic breach of human rights leads to exodus of
refugees. The films will be shown at appropriate times during the course. They are both graphic.
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