module specification

LC7040 - Immigration Law and Practice (2017/18)

Module specification Module approved to run in 2017/18
Module title Immigration Law and Practice
Module level Masters (07)
Credit rating for module 13.5
School Guildhall School of Business and Law
Total study hours 120
 
24 hours Scheduled learning & teaching activities
96 hours Guided independent study
Assessment components
Type Weighting Qualifying mark Description
Open Book Examination 100% 50 Written Examination
Running in 2017/18
Period Campus Day Time Module Leader
Spring semester City Tuesday Afternoon
Spring semester City Tuesday Morning
Spring semester City Monday Afternoon
Spring semester City Monday Morning
Spring semester City Thursday Morning
Spring semester City Wednesday Evening
Spring semester City Tuesday Evening
Spring semester City Monday Evening
Spring semester City Thursday Afternoon
Spring semester City Thursday Evening

Module summary

This module focuses on advising the immigration law client on their rights and responsibilities and acting for them in the immigration courts.

Module aims

This module aims to equip students to act as a trainee solicitor for clients seeking immigration advice including on asylum law and practice and applicants for British nationality.

Syllabus

SLS 1: Introduction to Immigration Nationality and Asylum Law
SLS 2: Entry on Temporary purposes 
SLS 3: Commercial Immigration Law Points based system
SLS 4: Entry for Permanent purposes –  Spouses, partners and other family member
SLS 5: Refugees, Asylum-seekers/Appeal System
SLS 6: Illegal Entrants and Removal
SLS 7: Visit to First–Tier Tribunal Immigration and Asylum Chambers/Role Play
SLS 8: European Economic Area Law
SLS 9: Consolidation

Learning and teaching

8 one-hour Tutor Led Sessions and 8 two-hour Student Led Sessions. The tutor led sessions are one week ahead of the small group sessions to allow students time for reflection.

Learning outcomes

At the end of an elective, successful students, under appropriate supervision, should be able in the context immigration law and practice to:

  1. demonstrate their knowledge and understanding and employ the applicable skills in immigration, nationality and asylum law and practice
  2. use the legal knowledge, skills, procedures and behaviours appropriate to each immigration client and each immigration, nationality and asylum law matter
  3. identify the overall nature of the immigration matter, at the 3 different points of immigration control, then plan and progress that matter through the appropriate series of steps and decisions including, where appropriate, drafting documentation
  4. identify the immigration client's goals and alternative means of achieving those goals, and deal appropriately with client care
  5. investigate and identify the relevant facts, research and identify the relevant immigration, nationality and asylum legal issues, and advise the client on the legal consequences
  6. recognise and act within the rules of professional conduct
  7. identify the client’s reasonable expectations as to quality and timeliness of service

Element 1 – Nationality
Students should be able to

  1. Identify the basic concepts of nationality law
  2. Advise on the diverse requirements of nationality law and the making of a British citizenship application

Element 2 – Immigration
Students should be able to

  1. Appreciate the difference between administrate removal and deportation
  2. Analyse facts, identify issues and apply the law relating to the 5 tier points based system, in a transaction based context
  3. Advise the client on the law relating to making a permanent visa application in the context of a family and partnership relationship, including advice on remedies
  4. Appreciate the difference between the various visitor’s visas
  5. Advise the client on the law relating to making a temporary visa application in the context of a visitor, student and fiancé, including advice on remedies
  6. Draft the documents necessary to bring and defend proceedings in the Asylum and Immigration Tribunal
  7. Advise the client on the possible methods of funding litigation at the initial stages and also in the Asylum and Immigration Tribunal
  8. Identify the appropriate EEA regulations applicable in a case involving an EEA national oppose to domestic immigration law
  9. Demonstrate an understanding of the Tribunal’s case management powers and the procedure to be followed at the Tribunal hearing

Element 3 - Asylum Law and Practice
Students should be able to

  1. Analyse facts, identify issues and apply the law relating to the 1951 United Nations Convention relation to the status of refugees, in a transaction based context
  2. Advise the client on the law relating to asylum including advice on remedies
  3. Draft the grounds of appeal necessary to bring proceedings in an Asylum and Immigration Tribunal in the context of asylum

Assessment strategy

The assessment is an open book exam with advance disclosure of documents and is of a transactional nature. This form of assessment is designed to replicate practice and enable students to demonstrate the application of legal principles in a realistic, practical context. Students are given a formative assessment and receive examiners' guidance.

Bibliography

CLP Immigration Course manual
Macdonald’s Immigration Law and Practice, Macdonald and Webber, 6th Edition
Immigration Law Handbook, Phelan,
Immigration Advice at the Police Station, Brennan
JCWI, Immigration, nationality and refugee law handbook 2006 (slightly out of date). 
Supperstone and O’Dempsey on Immigration and Asylum
Immigration, Nationality and Asylum under the Human Rights Act, Blake and Fransman
Support for Asylum Seekers, Wilman, Knafler and Pierce
Refugees and Gender, Crawley
Immigration and Employment, Devine
Seeking Asylum in the UK, Harvey
• Law Reports
Immigration Appeal Reports (Green books) - containing a selection of decisions (Main Library) and 1999 onwards (Resource Centre)
Other cases are reported in a variety of publications such as:  Jordan’s Immigration Law Reports, Tolley’s Immigration and Nationality Law and Practice which are held by The Solicitor’s Regulation Authority Library.
• Journals
Legal Action Group Publication containing quarterly Immigration Law Updates (Resource Centre)
ILPA
Electronic sources
http://www.gov.uk – very useful site with information, guidance and forms for in country applications
http://www.ukvisas.gov.uk - very useful site with information, guidance and forms for  applications made from aboard
http://www.fco.gov.uk – Foreign and Commonwealth office
http://www.ilpa.org.uk – Immigration Law Practitioners Association
http://www.jcwi.org.uk – link with JCWI Handbook
http://www.amnesty.org.uk – Amnesty International
http://www.un.org – United Nations
http://store.yahoo.com/hrwpubs/index.html – Human Rights Watch
http://www.echr.coe.int – European Court of Human Rights
http://www.unhcr.ch – United Nations High Commissioner for Refugees
http://www.oisc.gov.uk – Office of Immigration Services Commissioner
http://www.legalservices.gov.uk – Legal Services Commission
http://www.stonewall-immigration.co.uk – Immigration section of Stonewall site
http://www.ein.org.uk – electronic immigration network
http://www.tribunals.gov.uk – Immigration and Asylum Tribunal
http://www.bailli.org - up to date case law