MODULE SPECIFICATION TEMPLATE

MODULE DETAILS

Module title / Migration Law
Module code / LW397
Credit value / 20
Level
Mark the box to the right of the appropriate level with an ‘X’ / Level 4 / Level 5 / Level 6 / x / Level 7 / Level 8
Level 0 (for modules at foundation level)
Entry criteria for registration on this module
Pre-requisites
Specify in terms of module codes or equivalent / None
Co-requisite modules
Specify in terms of module codes or equivalent / None
Module delivery
Mode of delivery / Taught / x / Distance / Placement / Online
Other
Pattern of delivery / Weekly / x / Block / Other
When module is delivered / Semester 1 / Semester 2 / Throughout year / x
Other
Brief description of module content and/ or aims
Overview (max 80 words) / Migration Law is a very topical and highly contested area of law. The module identifies the principles and rules that apply to the various types of migration recognised in British law, i.e. for protection, family, economic and student reasons. The module also pays attention to enforcement of immigration control, including detention, as well as to nationality issues. Students are introduced not only to the relevant sources of law and legal debates, but also to their social, political and moral significance.
Module team/ author/ coordinator(s) / Marie-Benedicte Dembour and Jo Wilding
School / Brighton Business School
Site/ campus where delivered / This module will normally be delivered at Moulsecoomb
Course(s) for which module is appropriate and status on that course
Course / Status (mandatory/ compulsory/ optional)
LLB (Hons) Law / Optional
LLB (Hons) Law with Business / Optional
LLB (hons) Law with Criminology / Optional

MODULE AIMS, ASSESSMENT AND SUPPORT

Aims / This module aims to:
·  provide an insight into the subject of migration law;
·  equip students with an understanding of the development and sources of law and the substantive law relating to the main categories of migration to the UK;
·  develop a critical awareness of the effects of decisions of courts and Parliament in immigration and asylum law;
·  develop students’ critical thinking about contemporary debates and issues in migration law.
Learning outcomes / On successful completion of the module the student will be able to:
LO1: demonstrate critical knowledge of key factors in the regulation of migration to Britain;
LO2: demonstrate an understanding of the interaction of various sources of law and the problems this may pose;
LO3: be able to identify the significance of developments in case law;
LO4: demonstrate legal research skills.
Content / Introduction
-  History and development of immigration control
-  Sources of law: immigration rules, statute, human rights law, EU legislation and instruments, international conventions
Family migration
Labour migration, including EU free movement rights, work permits and the points-based system, overseas domestic workers
Student migration
Protection migration
-  Refugee law
-  Article 3 of the ECHR
-  Trafficking
-  Unaccompanied children
Nationality and statelessness
Enforcement, detention, removal and deportation, including the interaction with public and tort law when migrants are unlawfully detained
The business of immigration justice
Learning support / Learning support
Essential Text Books:
Gina Clayton, Textbook on Immigration and Asylum Law (5th edition Oxford UP, 2012).
Other Books: [Indicative]
Margaret Phelan and James Gillespie, Immigration Law Handbook 2012, Oxford University Press.
Satvinder Juss (1997) ‘Discretion and Deviation in the Administration of immigration Control (London: Sweet & Maxwell)
Sarah Spencer, The Migration Debate (2011, Policy Press).
Bridget Anderson, Us & Them: The Dangerous Politics of Immigration Control (Oxford University Press, 2013)
Efrat Arbel, Catherine Dauvergne and Jenni Millbank (eds.), Gender in Refugee Law: From the Margins to the Centre (Routledge, 2014)
Mary Bosworth, Inside Immigration Detention (Oxford University Press, 2014)
Ines Hasselberg, 2016, Enduring Uncertainty
Reference Work
Macdonald’s Immigration Law and Practice (9th Ed, Butterworths, 2014) is the leading practitioner text. It is also available on-line through Lexis.
Journals: [Indicative]
Journal of Immigration, Asylum and Nationality Law. The main British publication, somewhat practice oriented. The electronic version is available via Westlaw.
Electronic journals and databases such as Westlaw, Lexis Nexis.
Blogs
UK Border Agency information
The UK Border Agency website:
http://www.ukba.homeoffice.gov.uk/.
The updated Immigration Rules and immigration guidance documents are available here:
http://www.ukba.homeoffice.gov.uk/policyandlaw/
Case law
Tribunal determinations in the asylum and immigration field are published at: http://www.judiciary.gov.uk/media/tribunal-decisions/immigration-asylum-chamber. This site includes decisions of the current Immigration and Asylum Chamber of the Upper Tribunal (2010 onwards), and of predecessor bodies.
BAILII http://www.bailii.org/
Teaching and learning activities
Details of teaching and learning activities / There will be a two-hour weekly seminar. Students will need to prepare in advance materials selected by the module team. In addition, students will be required to keep a weekly journal where they will write their own reflections on blog posts written by immigration lawyers on new developments. The purpose of the class will be to discuss the principles and rules in immigration law in a systematic manner and to stimulate critical debates.
Allocation of study hours (indicative)
Where 10 credits = 100 learning hours / Study hours
SCHEDULED / This is an indication of the number of hours students can expect to spend in scheduled teaching activities including lectures, seminars, tutorials, project supervision, demonstrations, practical classes and workshops, supervised time in workshops/ studios, fieldwork, and external visits. / 40
GUIDED INDEPENDENT STUDY / All students are expected to undertake guided independent study which includes wider reading/ practice, follow-up work, the completion of assessment tasks, and revisions. / 160
PLACEMENT / The placement is a specific type of learning away from the University. It includes work-based learning and study that occurs overseas. / 0
TOTAL STUDY HOURS / 200
Assessment tasks
Details of assessment on this module / Critical analysis of a blog post relating to a new development in immigration or asylum law. 1200 words. To be submitted in or around January. 50%. Assesses LO1, LO2, LO3, LO4
Creating a critical analysis of a judgment in the form of a text that would look like a blog post. 1500 words max. To be submitted at the end of the module. 50% Assesses LO1, LO2, LO3, LO4
Types of assessment task[1]
Indicative list of summative assessment tasks which lead to the award of credit or which are required for progression. / % weighting
(or indicate if component is pass/fail)
WRITTEN / Written exam / 0
COURSEWORK / Written assignment/ essay, report, dissertation, portfolio, project output, set exercise / 100%
PRACTICAL / Oral assessment and presentation, practical skills assessment, set exercise / 0

EXAMINATION INFORMATION

Area examination board
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External examiners
Name / Position and institution / Date appointed / Date tenure ends

QUALITY ASSURANCE

Date of first approval
Only complete where this is not the first version
Date of last revision
Only complete where this is not the first version
Date of approval for this version
Version number
Modules replaced
Specify codes of modules for which this is a replacement
Available as free-standing module? / Yes / No

Module descriptor template: updated Aug 2014

[1] Set exercises, which assess the application of knowledge or analytical, problem-solving or evaluative skills, are included under the type of assessment most appropriate to the particular task.