LAWS 503 Assignment 1: Reflection
LAWS503 introduced me to the world of law that I never knew existed. The very first
week was an eye-opening experience that ignited a passion for law in me. I gained
some knowledge on the origins of the Australian Legal System. The main highlight
was the concept of the separation of powers. I found it admirable that the legal system
is structured in a manner that provides clarity, predictability as well as confidence in
the system. The three arms of government all work together to ensure a smooth flow
of justice in the country. The Djokovic case significantly allowed me to study the
separation of powers in action. I was baffled by the way the Minister can have such
executive power to determine the fate for visa applicants, overriding the judiciary.
Studying the origins of Migration law in Australia has also clarified some of the queries
I have kept for a while. The Migration Act is part of the constitution of Australia that
stemmed from the Migration Restriction Act 1901 soon after federation. Since then,
migration law has evolved, shaping Australia from being xenophobic to the
multicultural society that we now have. Knowing the history allowed me to understand
that although there has been strides in progress, the migration system is still very
much selective in who makes their way into the country and obtain permanent
residence.
Learning about good communication skills was another exciting part of this course that
reminded me of the integrity that our job as migration agents will require. Migration
agents should possess quality oral, non-verbal and written communication skills. The
job will require us to research, read and interpret the law on behalf of our clients as
they trust that we can communicate the law to them in a clear and precise manner. It
is also crucial to write specific file notes and being able to capture all the details from
the client to be able to assist them accordingly. Communication will be an integral
exercise, with both clients and stakeholders.
Interpreting and applying the law requires effort and practice and this course assigns
a significant emphasis on the process of interpreting the law. Legendcom, the
database of the legislation has provided me with a wealth of knowledge, and I am still
fascinated by the amount of information in this system. It is ideal that this database is
the basis and main source of information required for the migration system of Australia.
It is justifiable that the department has regulation instruments that are used to guide
decision makers. Legislation cannot be changed whenever there is need and having
regulation instruments allows the department to make changes within the system
without involving houses of parliament.
Another aspect of the migration system that is critical to ensure consistency is the
Tribunal Review that allows onshore applicants to challenge the decisions by the
department. This process gives a voice to applicants as well as allowing a fair
assessment of applications by the judiciary. The hierarchical nature of the judiciary
ensures that law is interpreted consistently. Above all, I learnt that policy is not law
and that we should always revert to the Act which is the legislation.
Before this course I had no idea that the legislation for citizenship and that for migration
was different. Migration agents are required to know the difference as although not so
regularly, there are clients who will need assistance with their citizenship application.
The most common clients would be those seeking citizenship by conferral, after living
in the migration zone as a lawful citizen for at least 4 years. I feel equipped now to
distinguish between the Citizenship Act and the Migration Act.
In retrospect, LAWS503 is a foundation course that breaks the ground for the
Graduate Diploma students. It prepared me to grasp the basics of the Australian
Migration system and I find myself confidently discussing and further researching
cases daily as I continue on the journey to be a migration agent.