IMMIGRATION AND ASYLUM LAW

SHE Level 3
SCQF Credit Points 20.00
ECTS Credit Points 10.00
Module Code M3M125706
Module Leader Naveed Kayani
School Glasgow School for Business and Society
Subject Law
Trimester
  • B (January start)

Summary of Content

This module provides a comprehensive and in-depth study and evaluation of the legal and regulatory framework applying to Immigration and Asylum in the UK, together with a consideration of the policy context within which it operates. Topics studied will include: Introduction to UK immigration law and policy; EU Initiatives combating people trafficking; requirements for lawful entry to the UK; the impact of the European Convention on Human Rights; The impact on UK Immigration Law as a consequence of Brexit; Asylum Law and policy; and grounds of appeal. The role of lawyers in society is changing - lawyers are increasingly expected to be pro-active in the prediction and prevention of unethical as well as unlawful behaviour across all areas of society, including the public and private sectors. The module exposes students to legal challenges arising from almost instant changes to government legislation and policy on Immigration and Asylum The role of lawyers in society is changing - lawyers are increasingly expected to be pro-active in the prediction and prevention of unethical as well as unlawful behaviour across all areas of society. The delivery of the module will embed PRME principles including: developing graduates who care about social responsibility; developing learning and teaching which enables graduates to become responsible leaders and practitioners; and developing graduates who will advise businesses and other stakeholders to explore mutually beneficial responses to social and legal challenges.

Syllabus

Introduction to Immigration Law and Policy. Drivers for inward migration to the UK. Lawful and unlawful entry to the UK. The potential impact of Brexit on UK Immigration policy and legislation People trafficking - EU and law enforcement initiatives for prevention of people trafficking. Routes for lawful entry to the UK Points Based System Immigration Appeals - grounds and procedure The European Convention on Human Rights in relation to Immigration Asylum Law and Policy The European Convention on Human Rights in relation to Asylum The EU Charter of Fundamental Rights The impact of the EU Charter of Fundamental Rights Home Office Policy, Concessions and the exercise of discretion outside the Rules.

Learning Outcomes

On successful completion of this module the student should be able to:1. Demonstrate an in-depth knowledge and understanding of Immigration and Asylum Law and Policy2. Critically analyse and evaluate the legal regulation of Immigration to and Asylum within the UK3. Draft an appeal and prepare associated documentation for submission to the Immigration Court4. Demonstrate a knowledge and understanding of Immigration Court procedure5. Analyse a given set of facts so as to identify the relevant legal issues arising therefrom, explain the relevant law; evaluate the relevance of particular factual information; synthesise case law and statute to reinforce legal points and synthesise different points of law when reaching a reasoned conclusion6. Identify and retrieve up to date legal information using paper and electronic repositories; use primary and secondary legal sources which are relevant to the topic under study and current at the point of assessment; present knowledge and information using sources to support arguments and conclusions; provide recognised methods of citation and reference7. Identify accurately and formulate clearly the legal issues to be researched; undertake independent research (both paper-based and electronic) in areas of law which have not been previously studied, using paper and electronic repositories to research new topics without reference to a reading list8. PRME Learning Outcome: Demonstrate an ability to explore ethical and socially responsible responses to a variety of Immigration and Asylum conflicts.

Teaching / Learning Strategy

The module will be delivered over one trimester. Students will attend weekly lectures and seminars. The structured programme of learning undertaken will encourage active, student-centred learning by requiring students to access and analyse a variety of primary and secondary source material in order to address and solve set questions and case studies. The Practical assessment: students, in groups of two or more, will prepare an appeal to the Immigration Court. The groups will be required to complete and submit electronically a court bundle of relevant forms and documents. One group will represent the appellant and the other, the Home Office Presenting Officer (HOPO) in a moot before an academic in the role of an Immigration Court Judge. Internationalisation: The delivery of this module will set Scots, UK and EU law as appropriate in an international context. Generic feedback on student work will be provided via GCU Learn and in seminars. Students may also obtain individual feedback on their work from staff. GSBS will continue to use the advancement of GCU Learn as a blended learning tool through its teaching and learning as well as through engagement with students. GSBS will ensure that all modules are GCU Learn enabled and with the support of the Learning Technologists at the cutting edge of development of online materials. Academic staff and the Learning Technologists will continue to work together to develop and operate all modules on GCU Learn to ensure student support and information sharing. Students are provided with formative and summative feedback via a variety of mechanisms. Feedback on coursework is provided within 3 working weeks of submission.

Indicative Reading

Books and articles: McDonald's Immigration Law and Practice, Supplement to 9th edition, Lexis Nexis, 2018 Phelan & Gillespie, Immigration Law Handbook, 10th edition, Oxford University Press 2018 Kevin Browne, Immigration Law CLP Legal Practice Guides, 2018 Gina Clayton, Textbook on Immigration and Asylum Law, 7 th edition, Oxford University Press 2016. www.ein.org.uk <http://www.ein.org.uk/> <https://www.gov.uk/guidance/immigration-rules>

Transferrable Skills

By the end of this module students will have gained competence in the following key areas: Analysis, Synthesis, Critical Judgement and Evaluation The ability to identify issues, assimilate, evaluate and analyse information to construct written or oral solutions to a problem by bringing together and integrating relevant information, and selecting key material, from a variety of different sources The ability to present arguments for and against propositions, acknowledging ranking of sources and relative impact in context. Such skills are developed within this module through the following activities: b7 preparation for, presentation at and participation in researched seminar activity b7 preparation for, presentation as part of and participation in assessment activity including the drafting of the immigration appeal and the compilation of associated documentation b7 solving well defined (typically hypothetical) problems through seminars and group work b7 preparing for and delivering the assessed moot. Personal Management, Independence and Ability to Learn The ability to organise and prioritise effectively the expenditure of time and effort in the performance of all aspects of student work. The ability to learn effectively and be aware of their own learning strategies; to manage their own learning development and to reflect upon their learning, seeking and making use of feedback. Such skills are developed within this module through the following activities: b7 meeting deadlines for assessments b7 completion of preparatory work for seminars b7 consolidating material delivered at lectures b7 supplementing delivered material with additional reading b7 reflecting on lecture, handout and self-researched material b7 preparation for and delivering assessments b7 reflecting upon and responding to generic and individual feedback provided by the module leader. Communication and Literacy The ability to communicate information, ideas, advice and choices in an effective and succinct manner and in plain English without losing focus on key issues. The ability to listen and question effectively, to give and receive feedback and to make presentations addressing an allocated topic within the prescribed time frame. The ability to communicate both orally and in writing (and, where appropriate, by the use of electronic means) using the English language accurately by creating work which is comprehensible to the intended audience. The ability to create documents which are analytical, descriptive and inquisitive using appropriate terminology and recognised methods of citation and reference. Such skills are developed within this module through the following activities: b7 preparing appeal documentation using appropriate legal terminology and recognised methods of citation and reference b7 making assessed oral moot presentation using appropriate legal terminology b7 contributing in seminars b7 Communication with module team and other students via e-mail and GCU Learn. Numeracy, Information, Technology and Teamwork Where relevant and as the basis for an argument, the ability to present and evaluate information provided in numerical or statistical form. The ability to produce and present in an appropriate form a word-processed essay or other appropriate format The ability to conduct efficient searches of websites to locate relevant information; and exchange documents by E-mail. The ability to work productively and cooperatively in different kinds of groups; to establish working relations with others, defining, sharing and delegating responsibilities within the group. Such skills are developed within this module through the following activities: b7 presentation of statistical and financial data in support of assessed immigration appeal b7 preparation for seminars and production of assessed coursework which will require retrieval of information using electronic sources b7 production of assessed written work in a word-processed format b7 interaction with others in groups during seminars b7 participate in an assessed moot with a partner

Module Structure

Activity Total Hours
Lectures (FT) 24.00
Assessment (FT) 36.00
Seminars (FT) 12.00
Independent Learning (FT) 128.00

Assessment Methods

Component Duration Weighting Threshold Description
Exam (Exams Office) 2.00 50.00 35% Examination. Tri B exam period.
Coursework 1 n/a 50.00 35% Drafting an Immigration appeal by one group and a response to same by other group. Week 6.(Word count not applicable as it is an application form together with supporting evidence and an appeal as a consequence of the refusal of the application).