LAW37600 Migration Law
States have a right under international law to limit access by non-citizens to a state. Rights of non-citizens in a State may differ to those who are citizens or permitted residents. This module engages with questions regarding how law permits or potentially limits State regulation pertaining to migration. This module examines the key sources of migration law, analyses the role and purpose of borders, aspects of refugee and protection law, as well as economic migration law and deportation.
While jurisdictionally focused on Ireland, migration law does not exist in a domestic legal vacuum. Ireland is a dualist legal system, where international law applies only to the extent that the Oireachtas (Irish Parliament) determine. However, Irish courts have often utilised international law as a subsidiary means of interpretation of domestic law. The special status of European Union law means that it forms part of the Irish legal system. European Union legal measures, in particular on refugee law will be engaged with. In addition, aspects of the European Convention on Human Rights can impact on several cross-cutting areas of Irish migration law.
This module is assessed by an end of trimester take-home examination (100%).
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