UNIVERSITY OF KENT AT CANTERBURY
UNIVERSITY OF KENT
MODULE SPECIFICATION
1 The title of the module
Immigration, Asylum and Nationality Law
2 The School which will be responsible for management of the module
Kent Law School
3 The Start Date of the Module
September 2004
4 The number of students expected to take the module
It is anticipated that there will be a good deal of interest in this field, as it has grown in importance both politically and legally in recent years. An expectation of 40 students per year does not seem unrealistic given a Law intake of 200+.
5 Modules to be withdrawn on the introduction of this proposed module and consultation with other relevant Schools and Faculties regarding the withdrawal
The proposed module is intended to replace the existing module on immigration law LW558. This existing module is a one-unit module taught by a colleague who has left the University, and it is not presently being taught. There are no obvious negative implications for other schools of such a change.
6 The level of the module
Honours [H] (FHEQ Level: 6)
7 The number of credits which the module represents
30
8 Which term(s) the module is to be taught in (or other teaching pattern)
Taught in Michaelmas and Lent Terms and examined in Trinity Term.
9 Prerequisite and co-requisite modules
None
10 The programmes of study to which the module contributes
An optional module for all Law degrees.
11 The intended subject specific learning outcomes and, as appropriate, their relationship to programme learning outcomes
Immigration, Asylum and Nationality Law
On completion of this module it is intended that students will be able to demonstrate knowledge and understanding of the following matters of relevance to the field of nationality, immigration and asylum law:
The sources of each of nationality, immigration and asylum law
The main categories of acquisition of nationality, both in Britain and in other states
The main categories of legal immigration to Britain
The implications of EU law for the legal rights of EU citizens and non-EU citizens
International governing asylum, and its operation in Britain
The main intellectual and political controversies in the areas of nationality, immigration and asylum law
Law subject specific attributes
The core programme in Law is the LLB Law (M100), and all other programmes are essentially derivations of it. This proposal therefore indicates only the relationship of the proposed module to the programme learning outcomes of the LLB Law:
Knowledge and understanding:
On completion of this module it is intended that students will be able to demonstrate knowledge and understanding of:
The principal features of the English legal system, including its institutions, procedures and sources of law.
The principal features of the law of the European Union and the European Convention on Human Rights (ECHR).
The relationship between law and the historical, socio-economic and political contexts in which it operates
A range of theoretical and critical perspectives which can be applied to the study of law
Subject-specific skills:
On completion of this module it is intended that students will possess the following attributes:
Application and problem solving: Recognition of the legal issues arising in a factual situation of limited complexity; identification and application of the primary law relevant to it; provision of an informed and reasoned opinion on the likelihood of success of legal action arising from it.
Sources, research and evaluation: Identification of the legal and related issues which require to be researched; location and utilisation of primary and secondary legal and other relevant sources; conduct of independent legal research using a range of resources, both paper and electronic; critical evaluation of law both doctrinally and in terms of its socio-economic and other consequences.
12 The intended generic learning outcomes and, as appropriate, their relationship to programme learning outcomes
There are no distinct contributions to generic learning outcomes which differentiate this module from others in Law.
The core programme in Law is the LLB Law (M100), and all other programmes are essentially derivations of it. This proposal therefore indicates the generic programme learning outcomes of the LLB Law to which this module will contribute:
Effective application of knowledge to the analysis of complex issues.
Recognition and ranking of items and issues in terms of their relevance and importance
Collection and synthesis of information from a variety of sources
Formulation and sustaining of a complex argument, supporting it with appropriate evidence
Recognition of potential alternative solutions to particular problems and making a reasoned choice between them
Independently acquisition of knowledge and understanding in areas, both legal and non-legal, not previously studied
Independence of mind and an ability to critically challenge received understandings and conclusions.
Use, both orally and in writing, the English Language in relation to legal matters and generally, with care, accuracy and effectiveness.
Reading complex legal and non-legal materials and summarising them accurately.
Correctly employing legal terminology and methods of citation and referencing for legal and other academic materials.
Production of work in appropriate formats.
13 A synopsis of the curriculum
I. Sources of law and legal material: British, EU, Council of Europe, international, comparative.
II. Nationality law: (1) British law (2) International law on nationality (3) Comparative aspects, with particular reference to EU states
III. Immigration law (British, EU and ECHR standards will be integrated) : (1) History of British immigration law (2) Economic migration (3) Family migration (4) Other categories (5) Immigration control
IV. Asylum law: (1) International, ECHR and EU standards on asylum (2) British law and practice on asylum
V. Normative perspectives on immigration, asylum and nationality: why is the law the way it is? How if at all might it be different?
14 Indicative Reading List
Journals
European Journal of Migration and Law
Immigration, Asylum and Nationality Law
International Journal of Refugee Law
Authored works
L. Fransman, British Nationality Law (1998, Buterworths)
E. Guild, Immigration Law in the European Community (2001, Kluwer)
K. Hailbronner, Immigration and Asylum Law and Policy of the European Union (2000, Kluwer)
Joint Council for the Welfare of Immigrants, Immigration, Nationality and Refugee Law Handbook (2002, JCWI)
Macdonald and N. Blake, Immigration Law and Practice in the United Kingdom (2001, Butterworths
S. Peers, EU Justice and Home Affairs Law (2000, Longman)
15 Learning and Teaching Methods, including the nature and number of contact hours and the total study hours which will be expected of students, and how these relate to achievement of the intended learning outcomes
The learning and teaching method will follow KLS policy on optional modules. At present, this requires weekly lectures (20 in total) and fortnightly seminars in groups of 12 (10 in total). Students will also be expected to study privately for an average of 5 hours per week in term time. The total study hours are 150.
These methods will enable students to acquire familiarity with the sources and content of the law in the areas of nationality, immigration and asylum law.
16 Assessment methods and how these relate to testing achievement of the intended learning outcomes
As this is an optional (non-professional exemption) module, students have a choice as to whether they take it or not. A comparatively high degree of interest and motivation in the subject matter can therefore be presumed. For that reason, it is appropriate to assess this module by written work as far as possible.
There will be one written assessments of 3000 words. In line with the KLS standard, this will count for 20% overall. There will also be a three-hour written examination. In line with the KLS standard, this will count for 40% overall.
In addition, there will be the option of a written dissertation. In line with KLS policy, this will be an 8000 word dissertation which will count for 40%.
Marks will be awarded by application of standard KLS marking criteria.
By offering extensive possibilities for written work this method of assessment will enable students to demonstrate the full depth of their knowledge of the field. At the same time, the requirement of a written examination in all cases will ensure an adequate test of the range of students’ knowledge.
As regards subject-specific skills and generic learning outcomes, the method of assessment is in line with the KLS standard, and can therefore be presumed to ensure these are tested to the same degree as in other modules on Law programmes.
17 Implications for learning resources, including staff, library, IT and space
This module is intended to be taught by Bernard Ryan, Senior Lecturer in the Law School, and is in his main current research area. He currently teaches undergraduate and postgraduate EU law. There are at present sufficient academic staff in that field to cover this change in teaching duties.
The Library also has significant holdings in the field of nationality, immigration and asylum law as part of the collections on EU law and British public law. Nevertheless, some further acquisitions of both journals and authored works is desirable. This is unavoidable if a new subjects is to be added permanently to the curriculum.
There are no particular implications for IT and space.
18 A statement confirming that, as far as can be reasonably anticipated, the curriculum, learning and teaching methods and forms of assessment do not present any non-justifiable disadvantage to students with disabilities
As far as can be reasonably anticipated, the curriculum, learning and teaching methods and forms of assessment do not present any non-justifiable disadvantage to students with disabilities.
Statement by the Director of Learning and Teaching: "I confirm I have been consulted on the above module proposal and have given advice on the correct procedures and required content of module proposals"
......Director of Learning and Teaching / ......
Date
Statement by the Head of School: "I confirm that the School has approved the introduction of the module and will be responsible for its resourcing"
......Head of School / ......
Date
Revised August 2002