Course Catalogue

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Increasing global migration is an undisputed reality. The issues and legal framework surrounding it, however, are far from undisputed. Migration, whether voluntary or involuntary, is a complex and multi-faceted phenomenon which has direct and local impacts. This course will critically examine the ever-developing UK legal framework in relation to immigration, and the related laws on nationality and citizenship. This entails exposure to wider contexts and perspectives, such as historical accounts, theories of migration and contemporary policy positions. This subject is complex; it demands an understanding of a variety of legal sources (at national, European and international level) and legal disciplines (eg. administrative law, human rights law, international law). Case-studies, class discussions and exposure to the 'law in action' (through guest seminars from legal practitioners and an immigration tribunal observation) will encourage a thorough, practical understanding and critical awareness of the legal and policy frameworks at play.

The course will be based around 4 themed blocks:

1. Framing the study of immigration law: Key concepts, contexts and challenges; Understanding nationality and citizenship law in the UK.

2. Analysing the UK legal framework for different categories of migrant

3. Enforcement and remedies in immigration and asylum law in the UK

4. Immigration detention and consolidation of learning

9 x 2 hour seminars (on-campus) and (normally) one morning or afternoon at Immigration Tribunal for observation.

This course is only available to LLB students.

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Assessment 1: Tribunal Reflection (40%, 2000 words)

This component of assessment involves (a) observing a tribunal hearing and (b) producing a reflective statement, critically reflecting on your experience of observing a hearing in light of the academic literature. Students will be provided with information in advance about how an observation process will work and guidance on what a reflective statement involves.

Appropriate alternative assessment will be available for students who are unable to attend a tribunal hearing for good reason, or who are resitting/resubmitting.

Assessment 2: Essay (60%, 2500 words)

AIMS OF THE COURSE

Knowledge based

■ To examine and critique the law surrounding nationality and immigration law in the UK with reference to a range of key perspectives/literatures (eg. historical, theories of migration, human rights, contemporary policy);

■ To understand the extent and application of multiple and multi-level (international and national) legal frameworks that regulate nationality law and (voluntary and involuntary) migration in the UK;

■ To gain a detailed understanding of the law and practice applicable to at least one category of migrant in the UK (eg. children, family, business, asylum seekers);

■ To critically examine administrative detention as a tool of immigration control in the UK;

■ To critically examine the framework of remedies available to individuals who wish to challenge an immigration or asylum decision in Scotland/UK;

■ To provide significant legal practice perspectives and insights via invited guest practitioners and normally, a visit to the tribunal.

Skills based

■ To foster and develop transferable skills, including effective oral and written communication;

■ To encourage independent legal research and responsibility for ones' own learning;

■ To develop critical-thinking skills;

■ To encourage awareness of ethical standards and professionalism in immigration law practice.

INTENDED LEARNING OUTCOMES

By the end of this course students will be able to:

Knowledge based

■ Explain and critique nationality law in the UK and describe how it links to/differs from immigration law;

■ Explain how the relevant legal frameworks at national, European and International level interface and apply to the regulation of migration in the UK;  

■ Discuss critically the law and its practical application to at least one category of migrant in the UK.

■ Describe and evaluate the regime of administrative detention, including how the lawfulness of immigration detention decisions in the UK can be challenged.

■ Describe and evaluate the legal remedies framework, including a critique of the overall framework and the tribunal appellate process. 

Skills based

■ Identify relevant legal sources applicable to nationality and immigration law in the UK, including to specific categories of migrant;

■ Write critically about the nature and content of immigration and nationality law in the UK;

■ Construct coherent and analytical oral and written arguments  (including personal reflective accounts) about the substantive and procedural legal framework in relation to immigration law as it relates to the UK;

■ Demonstrate behaviours (in class, in assessed work and on any organised study visits) that reflect an appreciation of appropriate ethical practice standards.