Legal Studies · Year 11

Active learning ideas

Migrants, Refugees and the Law

This topic examines the legal frameworks governing the movement of people into Australia, focusing on the distinction between migrants and refugees. Students investigate Australia's obligations under the 1951 Refugee Convention and how these interact with domestic policies like mandatory detention and offshore processing. They also explore the different visa categories and the legal pathways for migration.

• ACARA Content Descriptions
• NESA Preliminary Outcome P7
• NESA Preliminary Outcome P9

• 40–50 min
• Pairs → Whole Class
• 3 activities

Activity 01

• Simulation Game
• 50 min · Pairs

Simulation Game: The Refugee Status Determination Process

Students act as 'case officers' and 'applicants.' Applicants are given a profile based on real-world refugee criteria, and case officers must use the legal definition of a refugee to decide if they meet the threshold for protection. This highlights the complexity of proving 'well-founded fear.'

What is the legal definition of a refugee?

• Apply
• Analyze
• Evaluate
• Create
• Social Awareness
• Decision-Making

Activity 02

• Formal Debate
• 45 min · Whole Class

Formal Debate: Mandatory Detention

Students research the legal arguments for and against Australia's policy of mandatory detention for unauthorised arrivals. They engage in a debate that focuses on the tension between the Migration Act and international human rights standards.

How does Australia balance border security with human rights?

• Analyze
• Evaluate
• Create
• Self-Management
• Decision-Making

Activity 03

• Inquiry Circle
• 40 min · Small Groups

Inquiry Circle: Migration Pathways

Groups are assigned a 'potential migrant' (e.g., a skilled engineer, a family member of a citizen, a student). They must navigate the Department of Home Affairs website to find the correct visa pathway and identify the legal requirements and costs involved.

What are the legal pathways for migration to Australia?

• Analyze
• Evaluate
• Create
• Self-Management
• Self-Awareness

A few notes on teaching this unit

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Watch Out for These Misconceptions

• It is illegal to arrive in Australia by boat to seek asylum.

  Under international law and the Refugee Convention, it is not illegal to seek asylum, regardless of how a person arrives. While Australian domestic law may categorise such arrivals as 'unauthorised,' the act of seeking protection is a legal right. A 'legal vs illegal' terminology workshop helps clarify this common confusion.

• Refugees get more government support than Australian citizens.

  Refugees receive limited initial support to help them settle, but this is generally less than or equal to the support available to other low-income Australians. Peer research into the 'Settlement Engagement and Transition Support' (SETS) program provides students with factual data to counter this myth.

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Methods used in this brief

• Simulation Game
• Formal Debate
• Inquiry Circle