Immigration law

Question:

Sheila was arrested in Dover for disorderly conduct in a drunken state and illegal immigration status. She is seeking asylum in the United Kingdom. Sheila has a Ukrainian passport but had been working in Macedonia for five years and entered the European Union through Greece illegally where her spouse is undergoing medical treatment. Sheila has a brother in Italy who is seeking asylum there and helped her to come to Western Europe through traffickers. Sheila prefers to live in Italy and speaks fluent Italian. The authorities found some euros with French origins in Sheila’s bag and a used ferry ticket from Calais to Dover in another name. She also had a French visa that had expired 5 months ago on her Ukranian passport.

Advise Sheila on the legal framework under the Dublin Regulations and the

Human Rights Act 1998 to appeal against her removal from the United Kingdom.

( end of question)

Instructions:

essays shall be approximately 2,000 words each (excluding footnotes, bibliography and research diary) and carry equal marks. Students must enter a word count at the beginning of their essay.

Each question answered must contain a paragraph in the form of a ‘research diary’ indicating how the research was carried out and materials were located.

Answers must contain appropriate research references with respect to the immigration and asylum discourse through relevant book chapters, journal articles and other material; policy papers; specific provisions of domestic legislation and statutory instruments; articles of international and European agreements or treaties; and relevant domestic and international jurisprudence. Failure to make appropriate references may be penalized in the marking of answers.

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(end of instructions)

Sources: (please use the sources you think appropriate)

*Phelan & Gillespie: immigration law handbook: oxford university press (latest edition if possible)*

Gina Clayton, Textbook on Immigration and Asylum Law (5th edition) (OUP, 2012)

JCWI, Immigration, Nationality & Refugee Handbook 2005 (JCWI, 2006)

Ian MacDonald and Frances Webber, Macdonald’s Immigration Law and Practice (8th edition) (Butterworths, 2010)

Peter Morris et al., Blackstone’s Guide to the Asylum and Immigration Act 2004 (OUP, 2005)

Hans Vermeulen (ed.), Immigrant Policy for a Multicultural Society. A Comparative Study of Integration, Language and Religious Policy in Five Western European Countries (Migration Policy Group, 1996)

Alice Bloch, The Migration and Settlement of Refugees in Britain (Palgrave Macmillan, 2002)

Martin Baldwin Edwin, Politics of Immigration in Western Europe (Frank Cass, 1994)

Ian Spencer, British Immigration Policy since 1939; Making of Multi-Racial Britain (Routledge, 1997)

David Jacobson, Rights Across Borders: Immigration and Decline of Citizenship (John Hopkins, 1996)

Fairer, Faster and Firmer: A Modern Approach to Immigration and Asylum (HMSO White Paper, July 1998)

Secure Borders, Safe Haven: Integration with Diversity in Modern Europe (HMSO White Paper, February 2002)

James Hathaway, The Law of Refugee Status (Butterworths,1991)

Goodwin Gill, The Refugee in International Law (2nd edition) (Clarendon, 1996)

Patricia Tuitt, False Images: Law’s Construction of the Refugee (Pluto Press,1996)

Susan Forbes Martin, Women and Migration (UN Division for the Advancement of Women, CM/MMW/2003/WP.1, January 2004)

Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention (UNHCR, 1992)

Andrew Geddes, The Politics of Migration and Immigration in Europe (Sage, 2002)

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Teresa Hayter Open Borders: The Case Against Immigration Controls (2nd edition) (University of Michigan Press, 2004)