LAU44043 Refugee and immigration law

Learning Outcomes

Having successfully completed this module, students should be able to:

• Demonstrate specialised, self-directed knowledge of an area of law through examination of a ‘real-life’ legal research problem or a theme within a research group.
• Collaborate with peers and act in leadership roles.
• Constructively evaluate the work of others.
• Synthesise and evaluate a variety of legal research methods, legal sources, findings and analysis.
• Critically analyse an area of law through independent research.
• Consult with and respond to the needs of research users.
• Effectively communicate research findings.

Module Content

Refugee law and immigration law, while long established, are increasingly facing questions about how they are applied and whether they meet the needs of the people and the states they were designed to serve.

International refugee law is based on the 1951 Refugee Convention and its 1967 Protocol, which together define the rights of individuals who are seeking sanctuary in other countries and the obligations of those countries towards them. Migration law, in turn, governs many other types of movement, from work to joining family.

Today in Europe, bodies like the European Court of Human Rights are facing criticism from some states as overly-protecting migrants with states unable to define who can enter their country. Situated within this question of state sovereignty and the rights of refugees and migrants, the EU has sought to reform its Common European Asylum System (CEAS) with its New Pact on Migration and Asylum, which will be implemented in Member States, including Ireland, from mid-2026 onwards. This new legislation has raised questions as to the role of legal representation, the legal fiction of ‘non-entry’ to a state, and defining fairness in asylum procedures.

Internationally, most people who are forced to flee violence, conflict or environmental disasters, remain within the country and are ‘internally displaced’ but remain largely outside of the scope of international refugee law. These are just some of the contemporary issues in the field of refugee and immigration law and require further interrogation and engagement. This research project module will explore a number of themes in international, EU and Irish law. Potential topics could include:

• The EU’s New Pact on Migration and Asylum and its implementation in Ireland and other EU Member States.
• The role of access to legal advice and representation in the international protection procedure.
• The assessment of gender-based and LGBTQ+ asylum claims as a particular social group.
• The social and economic rights of migrants.
• The evolution of deportation cases in constitutional law in Ireland and/or the ECtHR and the balance of individual rights and state sovereignty.
• Temporary protection for Ukrainian refugees.
• Seasonal workers and Ireland’s new seasonal worker scheme.
• The right to asylum under international human rights instruments and courts (e.g. the Inter-American Court of Human Rights).
• Palestinian refugees, special considerations under the 1951 Convention and the UNRWA mandate.
• Family reunification of refugees and migrants.
• The role of technology and AI in international protection procedures.

Assessment Details

• Individual Project: 85%
• Group Presentation: 15%
• Reflective Journal: Pass/Fail
• Participation: Pass/Fail