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Advanced Legal Research - Refugee Law Legal Research Skills Adviser August 2013

Office of Teaching & Learning Melbourne Law School. Advanced Legal Research - Refugee Law Legal Research Skills Adviser August 2013. Where do I start?. Secondary sources!!!!!!!! Catalogue Use the keywords to obtain an understanding of the books in the area. Secondary sources .

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Advanced Legal Research - Refugee Law Legal Research Skills Adviser August 2013

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  1. Office of Teaching & Learning Melbourne Law School Advanced Legal Research - Refugee LawLegal Research Skills AdviserAugust 2013

  2. Where do I start? • Secondary sources!!!!!!!! • Catalogue • Use the keywords to obtain an understanding of the books in the area

  3. Secondary sources • Text books – they are critical to obtain an understanding of the area of law

  4. Secondary sources Find articles, periodical and journals in area of law Australia • AGIS • Text books • Austlii

  5. Relevant journals – all in research guide • Refugee Survey Quarterly - a multidisciplinary peer-reviewed journal. • Refugees Magazine - published by the UNHCR: the UN Refugee Agency. • International Journal of Refugee Law - a quarterly publication on refugee law from Oxford University Press. • Journal of Immigrant and Refugee Studies - a multidisciplinary quarterly journal.   • Journal of Refugee Studies - a multidisciplinary quarterly journal from Oxford University Press. • European Journal of Migration and Law -  a quarterly journal of migration and law.

  6. Australian overview • Halsburys – LexisNexisAu ( search commentary headings) • Laws of Australia - WestlawAu

  7. International law resources • Max Planck Encyclopedia of International Law • The updated online edition of the reference work, Encyclopedia of Public International Law.

  8. International law resources • The Hague Academy Collected Courses Online The Collected Courses Online is an encyclopedic collection on international law - it covers more than 330 volumes, containing over 1200 lectures given by prominent legal specialists over a period of 85 years

  9. Secondary sources International • Full text databases, Lexis, Westlaw and HeinOnline • Indexes with some full text, LegalTrac

  10. Obtain understanding of the local jurisdiction • Foreign Law Guide • Selected primary and secondary sources of law for over 170 countries, including short explanations of their legal systems. Browse by country or search using keywords.

  11. Cases - Australian • Australian Year Book of International Law (annual summaries of refugee law cases in the HCA involving international issues (Hein Online up to 2007) • Use: CaseBase, Firstpoint, LawCite and Austlii • Remember you need to find • The authorised version • The cases it referred to • The cases that have subsequently referred to it

  12. Legislation • TimeBase • For example • Commonwealth Migration Act 1958, s 36 • Migration Regulations 1994 (Cth) • For more detail go to Capital Monitor

  13. UN Documents • UN websites • Hein Online • UN documents and links to commentary • Eg. 26 UNTS 299

  14. Finding refugee cases • Refugee Case Law • http://www.refugeecaselaw.org/NationalSites.aspx • Eg. False travel documents

  15. Finding international cases • International • Lexis • Westlaw • LawCite (found through Austlii) • Justis - UK

  16. Canada Legislation Eg. Immigration and Refugee Protection Act, • Lexis- Consolidated Statutes of Canada Cases • Immigration Law Reporter (Westlaw - Directory) - contains the full text of leading decisions of the Immigration Appeal Board since 1986 • Canadian Immigration Case Law (Westlaw) Canadian federal and provincial court decisions relating to immigration, citizenship, and the status of aliens The earliest reported case is from 1840. Secondary • Westlaw – Canadian encyclopedic digest – Vol 15, Title 75 Immigration and refugees – includes a table of statutes and regulations • Index to Canadian Legal Literature - Westlaw

  17. Canada • http://www.irb-cisr.gc.ca (Immigration Review Board) • Some decisions • Policy • Process

  18. United Kingdom Legislation Eg. Immigration and Asylum Act 1999 (UK) • Justis; Lexis; Westlaw Cases • Westlaw case locator • BAILII – Immigration and Asylum case law Secondary • Westlaw – Legal Journal Index

  19. United Kingdom • http://www.justice.gov.uk/tribunals/immigration-asylum(The Asylum Immigration Tribunal) • Cases • Statistics • forms and legislation • process

  20. USA International comparative law • Restatement of Foreign Relations Law of the United States, Third; - the black letter law and then comments and reporters notes. The reporters notes are only opinion (Westlaw) Cf. refugee vs aliens

  21. USA • http://www.justice.gov/eoir/vll/intdec/lib_indecitnet.html(Board of Immigration Appeals) • http://www.usdoj.gov/eoirCan use DOJ search engine

  22. Indonesia • HukumOnline - Website featuring news and articles about law in Indonesia

  23. Law reform, policy etc • Check Law Reform Commission websites and LawCite (Austlii) • Capital Monitor • News

  24. International law tools • http://untreaty.un.org – good place to start to see if a treaty on a subject or involving a state exists • http://www.eisil.org – created by the American law Society of International Law. It is an open database of authenticated international law materials • http://catalogue.ppl.nl/

  25. http://untreaty.un.org • The United Nations Treaty Series (U.N.T.S) has more than 150,000 international agreements and related documents – use quick links • Type in refugee • Status of Multilateral Treaties Deposited with the Secretary-General (need to use to check status of a treaty – only 522 available)

  26. References • Next some useful sites are provided to assist in gathering material.

  27. Eisil • EISIL has been designed as an open database of authenticated primary and other materials across the breadth of international law (www.eisil.org) • Good place to start • Refugees, Asylum, Nationality, Displaced, & Freedom of Movement • Refugee Case Law Site

  28. Peace Palace Library • The Peace Palace Library has been collecting books and materials in the field of international law since 1913. A large part of the collection is searchable through our online catalogue (http://catalogue.ppl.nl/) • Eg. Refugee and women

  29. Australia • Refugee Review Tribunal • http://www.mrt-rrt.gov.au/ (decisions via Austlii) • Eg. Women and refugee - Check CaseBase for Australian cases and subsequent history

  30. References • Lib Guides for Refugee Law and Human Rights • GlobaLex - Researching the Legal Aspects of Asylum Seekers and Refugees in Australia, Canada, and the United Kingdom http://www.nyulawglobal.org/globalex/Legal_aspects_asylum_refugees_Australia_Canada_UK1.htm

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