Module handbook AI 2019 PDF

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Liverpool Law School Module Handbook ASYLUM AND IMMIGRATION LAW (LAW 335) Teaching staff: Dr Anne Neylon (module coordinator)

15 Credits 2019/2020 This handbook is for advice and guidance only and is not a substitute for the formal statements and requirements of the Charter, Statutes, Ordinances, Regulations and procedures of the University. In case of any conflict these formal statements and requirements take precedence over the handbook. Every effort has been made to ensure the accuracy of the information contained in the handbook, as at September 2019. The University can, however, take no responsibility for errors or omissions or for arrangements made by third parties. It reserves the right to change the information at any time.

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Teaching staff The module coordinator is Dr Anne Neylon - please direct all queries relating to the structure and organisation of the module (including assessments), as well as the substantive content to:

Dr Anne Neylon, [email protected]

Office hours: Wednesdays – 11am-1pm Room 359 (Floor 3), Walnut House, Mulberry Court.

The first part of the module will focus on asylum and refugee law. The second part of the module, will focus on issues pertaining to migration law more generally.

Course objectives: 

To impart the core concepts of immigration and refugee law. These involve: o The international, regional and domestic frameworks on which asylum and immigration law is based. o Rules, procedures and informal practices that determine the admission of immigrants and refugees; o Role

of EU and international human rights law in

regulating immigration and asylum law and policy;



To highlight and explore in depth the legal and political debates surrounding immigration and asylum law and policy.

Learning Outcomes

2



A good understanding of the asylum and immigration processes in the UK;



Understanding of the conceptual and practical challenges arising in debates on immigration and refugee law;



Critical understanding of key concepts within international refugee law;



Critical understanding of role of EU in developing Asylum and Immigration law;



Critical understanding of human rights issues arising in the context of immigration control (in areas such as trafficking in human persons);



Understanding of the current debates on migrant workers’ rights and immigration in the UK and the EU.

Teaching delivery Asylum and Immigration Law (Law 335) is taught primarily through a combination of lectures and knowledge and skills-based seminars, designed to reinforce independent learning. The first part of the course will focus on asylum and refugee law, and the second part on immigration law and enforcement.

The 2-hour lectures in Weeks 1 and 2 will set out the teaching framework, and introduce and unpack key issues in asylum law. The lectures will focus on the sources and rules of asylum and refugee law at an international and EU level. The 90 minute seminars in Weeks 3 -5 will look at some of the broader trends in the treatment of refugees under international law, as well as some of the practical implications of running a national asylum determination system. In these weeks we will engage with the principle of non-refoulement as well as the asylum process and asylum reception conditions.

In Week 6, EU and UK immigration law will be introduced. The two hour lecture in that week will explain the sources of UK and EU immigration law, and how the laws and rules pertaining to immigration are organised and enforced. We 3

will also have a guest lecture from someone with experience of migration in the Merseyside area, offering a more local perspective on the impact of some of the laws and policies that we study during the module.

In Week 6, there will also be an online Multiple Choice Question test, explained in more detail below. Feedback will also be provided on the formative essays in this week through one-to-one meetings, see details on this on page 10.

In Week 7, we break for Reading Week The weekly seminars scheduled from Week 8 onward will focus on topics relating to immigration rules and enforcement. Week 8 will engage with the issue of immigration for the purposes of work and study. Week 9 will focus on the treatment and potential exploitation of migrant workers. The final will be held in Week 10 and will focus on detention and removal.

In Week 11 there will be a coursework guidance lecture and in Week 12 there will be drop-in sessions, providing further coursework guidance.

Attendance

at

all

timetabled

sessions

is

compulsory

and

full

engagement in the seminars is crucial for the successful completion of this module. Students are therefore expected to complete the set reading in advance of each session and come prepared to discuss the materials, ask questions, and debate key points.

Module Outline WEEK 1, 23-

Lecture 1

Introduction to the

27

(2 hrs)

law of asylum and

September

immigration

WEEK 2, 30

Lecture 2

Asylum and

September –

(2 hrs)

Refugee Law

4 October

4

WEEK 3, 7-

Seminar

The Asylum

11 October

1 (90

Process

mins) WEEK 4, 14-

Seminar

Asylum Reception

18 October

2 (90

Conditions

mins) WEEK 5, 21-

Seminar

Cessation and loss

25 October

3

of legal status

(90 mins)

WEEK 6, 28

Lecture 3

Key concepts in

October-1

(2hrs)

Immigration Law

Assessme

Multiple Choice

nt

Test

November

(1hr – 10% mark) See section on Feedback

formative feedback

meetings Subject to change Guest Lecture WEEK 7, 4

Reading

November-8

Week

No classes

November

Week 8, 11-

Seminar

Migration for the

15

4 (90

purposes of work

November

mins)

WEEK 9, 18-

Seminar

Exploitation of 5

22

5

Migrant Workers

November

(90 mins)

WEEK 10, 25

Seminar

Detention and

- 29

6 (90

removal

November

mins)

WEEK 11, 2-

Lecture 4

Coursework

6 December

(2 hrs)

Guidance

WEEK 12, 9-

Drop in

Office drop-ins for

13

sessions

coursework

December

guidance

WEEK 13

Assessme

3,000 word essay

nt 2 (90% mark)

Learning Materials A detailed reading list will accompany each of the lectures and seminars. If you have

difficulty

accessing

these

materials,

please

contact

the

module

coordinator.

Seminar reading must be completed and seminar questions considered in preparation for the seminars. The seminar outlines will be available to you in the Learning Resources folder on VITAL. Lecture materials will be uploaded to VITAL prior to the lectures.

Recommended Texts

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The recommended key text for the course is G Clayton, and G Firth Immigration and Asylum Law, (Oxford University Press, 8th Edition). Other recommended texts: J Hathaway and M Foster, The Rights of Refugees under International Law (Cambridge University Press, 2nd Edition) G Goodwin-Gill and J McAdam, The Refugee in International Law (Oxford University Press, 3rd Edition)

Further Background Reading/Resources Periodicals International Journal of Refugee Law Refuge: Canadian Journal of Refugee Studies European Journal of Migration Law Journal of Immigration, Asylum and National Law Human Rights Quarterly Human Rights Law Review European Law Review Common Market Law Review Online Resources Refugee

Law

Reader, http://www.refugeelawreader.org/en/ (a

very

good

resource for primary materials, information about regional refugee frameworks, references and links to relevant secondary sources) UNHCR http://www.unhcr.org (Click on ‘search refworld’ for legal resources). University of Minnesota Human Rights Library http://www1.umn.edu/humanrts/ http://www1.umn.edu/humanrts/center/asylum/refugee_index.html University of Michigan, Law School, Cases and legislation on Refugee Law from more than 25 countries http://www.refugeecaselaw.org/ International Organisation for Migration http://www.iom.int Free Movement Blog, www.freemovement.org Statewatch, http://www.statewatch.org/asylum/obserasylum.htm ECRE European Council for Refugees and Exiles, http://www.ecre.org 7

ECRE guide at, http://www.ecre.org/links/jurisprudence.shtml Asylum Law Database, www.asylumlawdatabase.eu

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Assessments Summative Assessments ASSESSMENT 1: Multiple Choice Test

•

10% of module mark

•

10 questions to be completed online in Week 6.

•

Will cover the materials from Weeks 1-5

•

Feedback on this assessment will be instantaneous

In week 6 (beginning at 12pm on Monday 28th October 2019), there will be an online, multiple-choice question (MCQ) test on VITAL worth 10% of the overall module mark. There will be ten questions and you will have an hour from the start of the test to submit your answers. Once started, you cannot pause the test, so make sure you are ready to take the test before opening it. You should take the assessment on a university computer to ensure that there is no power or internet outage when taking the test. The questions will relate to teaching in weeks 1-5 only. The purpose of the assessment is to enable you to test your understanding of the first part of the course to see for yourself how you are getting on. This will allow you to evaluate your study practices on the module so far and allow you to make adjustments as necessary. Deadline: The test will close at 5pm on Monday 4th November, so all attempts must be submitted before this time. Anyone who fails to do so will be awarded a mark of 0 for this 10% component. Feedback: will be provided automatically on completion of the test on VITAL.

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ASSESSMENT 2: Essay

•

90% of module mark

•

3,000 words max

•

The deadline will be in Week 13

•

The question will be given to you in the second part of the module could be on any part of the course.

The main assessment for the course will be through a coursework essay, to be submitted in Week 13 (January 2020, date TBC). Students will choose from a number of essay titles. The essay may cover any topic covered in the module. In the essay, students must demonstrate their ability to critically appraise the relevant laws, policies, primary, and secondary materials pertinent to the essay question that they discuss. Further guidance on approaching the essay will be provided to students on the basis of the feedback for their formatives, the coursework guidance lecture, and the drop-in sessions run towards the end of the module.

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Formative Assessment The formative assessment is a 1500 word essay, to be submitted to Turnitin by 5pm on Friday 25th October. Essays submitted after this time will not be accepted. Feedback for the formative essay will be provided to students in an individual feedback meeting in Week 6 (w/c 28th October). You

may only

book

a feedback

meeting

if you have

submitted a formative essay by the deadline set out above. You must book your one-to-one feedback meeting online via Calendly – you will be contacted by class email in Week 4/5 with a link to book your meeting. You may rearrange the meeting up to one day in advance, also through the link. If you rearrange the meeting, please ensure that you cancel the slot that you are unable to attend. Please note that the meeting is the format in which the feedback is provided. It is therefore the responsibility of the student to come prepared to take notes on the feedback and suggestions provided.

Formative Essay Question: ‘International refugee law has little impact on how states respond to modern refugee movements’

Critically discuss 11...