Teaching Migration and Asylum Law


Book Description

This highly topical book demonstrates the theoretical and practical importance of the study of migration law. It outlines approaches that may be taken in the design, delivery and evaluation of this study in law schools and universities to ensure an optimum level of learning. Drawing on examples of best practice from around the world, this book uses a theoretical framework and examples from real clients and simulations to help promote the learning and teaching of the law affecting migrants. It showcases contributions from over 20 academics and practitioners experienced in asylum and immigration law and helps to unpick how to teach the complex international laws and procedures relating to migration between different countries and regions. The different sections of the book explore educational best practice, what content can be covered, different models for teaching and learning, and strategies to deal with challenges. The book will appeal to scholars, researchers and practitioners of migration and asylum law, those teaching migration law electives and involved in curriculum design, as well as students of international, common and civil law.




Temporary Protection in Law and Practice


Book Description

Temporary protection is a flexible tool of international protection, which offers sanctuary to those fleeing humanitarian crises, and currently affects the lives and legal status of millions of forced migrants. However, the content, boundaries and legal foundation of temporary protection, remain largely undefined or unsettled. There are only a few instruments that provide guidance to states on how to respond to mass influx situations and how to implement temporary protection regimes. In Temporary Protection in Law and Practice, Meltem Ineli-Ciger takes a step towards clarifying those undefined aspects of temporary protection, by examining temporary protection’s legal foundation in international law and its relationship with the Refugee Convention. The book also reviews temporary protection policies in Europe, Southeast Asia, Turkey and the United States, with a view to identifying elements that enhance and compromise the legality and viability of temporary protection regimes. Building on this analysis and legal limitations to the freedom of states to conceptualize different aspects of temporary protection, this book provides guidance to states on how to introduce and implement a viable temporary protection regime, which operates within the boundaries of international law and international human rights law.




Seeking Asylum


Book Description

The human and political problems presented by refugees and asylum are acute and are not improving. This is reflected in international concern and the existence of a treaty framework. The emergent body of refugee law is an amalgam of international, regional and national rules and procedures. But it is national law and practice, particularly with regard to immigration, which in reality determines an individual's right to asylum. The key to a true appreciation and understanding of the plight of refugees and the extent of their current rights therefore lies in national law and practice.




Asylum Law and Practice


Book Description

'Asylum remains a hugely important area of law, deeply affecting the lives of very many people: the nation's approach to it is a touchstone of our humanity.' - from the foreword to the second edition by The Rt Hon The Lord Brown of Eaton-under Haywood. This is the leading practitioner textbook dealing solely with the law and practice pertaining to all aspects of asylum in the UK. It is a decade since the last edition published, since when much has happened in this area, with the most significant being Brexit. The third edition will be the first post-Brexit refugee practitioner work. The new legal regime should be clearer by early 2021, either because a new regime of Rules and Regulations is in place, or because the first judicial decisions on the new constitutional arrangements and the treatment of EU Retained Law are giving insight. The third edition covers: - Credibility assessment: UNHCR and Beyond Proof, language analysis, family tracing, assessing belief and sexuality - Assessing risk: assurances, shifting burdens of proof and duties of enquiry, the relevance of inability to return - Persecution: conscientious objection, future expression of fundamental rights - Developments in the understanding of vulnerability: the interaction of refugee law with trafficking, statelessness and gender preference issues - Exclusion for wrongdoing, for access to rights akin to nationality, and for non-UNHCR protection - Cessation of status: family members, change of circumstances, and relevance of internal relocation - Third country cases: returns under and beyond Dublin 3, third country returns post-Brexit - Procedures - asylum claims in detention, delays in determining claims, family reunion




Immigration Fundamentals


Book Description




Immigration Appeals and Remedies Handbook


Book Description

Immigration Appeals and Remedies Handbook, Second Edition covers all aspects of immigration and nationality appeals and challenges to decisions via administrative and judicial review. It explains the rights of appeal to the First-tier Tribunal onwards to the Upper Tribunal and higher courts, including practice and procedure and issues arising from remote hearings by video link. This Second Edition provides clarity of approach through the extensive use of checklists and bullet points. It also includes a new chapter on remote hearings, along with a myriad of other issues including: - Developments in human rights appeals - EU Citizens' Rights Appeals post-Brexit - The scope of nationality appeals - Practice and procedure in SIAC - Disclosure, costs, vulnerable witnesses and capacity - Remedies against dishonesty allegations - Immigration public law: practice and procedure This is an essential title for all immigration law practitioners, judiciary in both the tribunals and senior courts, law libraries, academics and students.




Understanding Immigration Law and Practice


Book Description

In Immigration Law and Practice, authors Gansallo and Bernstein-Baker share with students and practitioners their extensive knowledge and practical experience to ensure just results in immigration cases. Immigration law is constantly in flux. Immigration Law and Practice, Third Edition offers a thorough, accessible, and practical approach to understand and apply U.S. laws and regulations to help protect refugees, bring needed workers to the U.S., prevent separation of and reunite families, and provide relief to foreign nationals facing removal proceedings. Attuned to the sensitivity and responsibility necessary to ensure just results in high-stakes immigration cases, the authors, who have a combined 35-plus years of front-line experience, provide readers with in-depth information and highlight readers recent changes and ongoing litigation where applicable. In addition, the book offers a section on enforcement in both the non-and employment-based contexts, providing avenues for discussions on matters of policy. They generously and freely offer their knowledge and insights into the complex legal issues faced by immigration clients, followed up by proposing strategies for the professionals seeking to help them. Professors, students, and legal practitioners new to the practice of immigration law will benefit from: Compact, accessible coverage of complex fluctuating U.S. immigration law and regulations, including: Nonimmigrant visas, including B-1/B-2, F-1. H-1Bs, and visas for investment and trade. Immigration options for humanitarian immigrants such as asylum seekers, refugees, survivors of domestic violence protected by the Violence Against Women Act (VAWA), SIJ, U, and T visa applicants. Lawful permanent resident applications based on family relationships, employment, and investment, including adjustment of status, Permanent Labor Certification Program (PERM), and consular processing. Grounds of inadmissibility, deportation, and explanation of immigration court removal processes, including waivers and relief from removal. Naturalization and citizenship eligibility. Balanced coverage of statutory and procedural rules with practical insights to aid in problem-solving. Numerous cases for discussion, with responses on the companion website available to instructors. Frequent vivid examples and cases from real life to assist readers in translating legal rules and theory into practice. Tools for student success, including learning objectives, marginal notes on key terms, and many documents and illustrations from actual practice. A chapter on managing the immigration practice, including performing case assessment and interviewing. Website updates to keep students and faculty current with the latest changes in this fast-moving subject area.







Immigration and Refugee Law in New Zealand


Book Description

"Immigration and Refugee Law will assist legal practitioners and immigration consultants in understanding and implementing the new Immigration Act 2009 and the scope of immigration and refugee law in New Zealand today. Examines the similarities and differences of the two pieces of legislation and the ongoing influence the 1987 Act will have on the 2009 Act."--Publisher information.




Refugee Law and Policy


Book Description