This module explores migration in its international and theoretical contexts. It seeks to explore questions such as, ‘Why do people move?’, ‘How do international, regional, and national actors respond to mass movements of people?’, and ‘Why do physical and procedural barriers continue to appear in a time defined by mass movement?’ In doing so, the module aims to reveal freedom of movement as a fundamental human right.
Throughout the course, we will explore the international framework for the protection of refugees; the European framework for asylum and immigration; and the manner in which the Irish system of immigration relates to both. The course emphasises the socio-legal ramifications of defining immigrants, refugees, and citizens as such; and explores the legal measures that States enact to legitimate inaction or violation in this area. In doing so, the module tries to explain how rights enshrined at the international level do not always filter down to asylum seekers and immigrants in national legal systems.
This is a highly fluid and rapidly changing area that is beset by challenges such as populism and climate change. This module will enable you to communicate confidently on the complex bodies of law that govern the movement of peoples in the 21st century. This module increases student employability by supporting the development of critical thinkers, problem solvers, collaborators, and global citizens. This module may also prepare the student for further study in fields such as migration, integration, and/or refugee law.
Introduction
Theories of migration; the role of law in facilitating and inhibiting movement, legitimising certain types of movement. Contemporary challenges to migration studies and the plight of refugees.
Key Concepts and Competing Interests in International Refugee Law
Distinguishing refugees, asylum seekers, and migrants. The historical movement of peoples, state sovereignty, the rule of law, national security and terrorism.
The International Framework
Universal Principles of Refugee Protection: Non-refoulement, family reunification, the right to leave, non-penalization for unlawful entry.The 1951 Geneva Condition relating to the Status of Refugees Complementary Protection
The European Framework
The Common EU Asylum SystemSubsidiary and Temporary ProtectionEU CitizenshipFree Movement of Third-Country NationalsLong Term ResidenceExpulsion Measures
Asylum & Immigration in Ireland
Entry & Residence in IrelandResidence as an Asylum-SeekerThe Irish Asylum ProcessDeportationCitizenship & Naturalisation
Lectures
The module will primarily be delivered through a weekly lecture. However, lectures will adopt a student-centred approach, and student learning will often be supported through the following activities:
Small Group Activities
Students will be assigned to groups to discuss and interpret key passages from assigned readings and popular media. Students will then be expected to present their findings to their peers via minute papers or short oral presentations.
Problem-Based Learning
Students will be assigned to groups to work through hypothetical scenarios. Students will be expected to assist one another in the identification of legal issues, the interpretation of the relevant rights, and the presentation of an accurate response to the lecturer.
Active Viewing
Throughout the year, students will interact with a variety of engaging audio-visual resources drawn from popular media and YouTube. Students will be asked to engage in peer-to-peer discussion and to complete handouts on these resources.
| Module Content & Assessment | |
|---|---|
| Assessment Breakdown | % |
| Formal Examination | 60 |
| Other Assessment(s) | 40 |