Advanced Legal Research - Refugee Law Legal Research Skills Adviser August 2013 Office of Teaching & Learning Melbourne Law School

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

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

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

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

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

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

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 The Hague Academy Collected Courses Online

Secondary sources International Full text databases, Lexis, Westlaw and HeinOnlineLexis Westlaw Indexes with some full text, LegalTracLegalTrac

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.

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

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

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

Finding refugee cases Refugee Case Law Sites.aspx Sites.aspx Eg. False travel documents

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

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 Canadian Immigration Case Law 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

Canada (Immigration Review Board) Some decisions Policy Process

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

United Kingdom ration-asylum (The Asylum Immigration Tribunal) ration-asylum Cases Statistics forms and legislation process

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) Restatement of Foreign Relations Law of the United States, Third Cf. refugee vs aliens

USA ndecitnet.html (Board of Immigration Appeals) ndecitnet.html Can use DOJ search engine

Indonesia HukumOnline - Website featuring news and articles about law in Indonesia HukumOnline

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

International law tools – good place to start to see if a treaty on a subject or involving a state exists – created by the American law Society of International Law. It is an open database of authenticated international law materials

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) Status of Multilateral Treaties Deposited with the Secretary-General

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

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

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

Australia Refugee Review Tribunal (decisions via Austlii) Eg. Women and refugee - Check CaseBase for Australian cases and subsequent history

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