THE LAW OF FORCED MIGRATION Law457H1F, 2 hours / 3 credits

Instructors: Prof. Audrey Macklin, Flavelle 211, 946.7493,

Mr. Michael Battista, Jordan Battista, 203.2899 X 31,

Office Hours: After class or by appointment

Class Time: Wednesdays, 14h00 – 16h00, FA4

Course Website:

This course begins with an exploration of forced migration as a phenomenon independent from the legal categories into which migrants are placed. It then proceeds to an examination of the national and international legal regimes that define and govern refugees and, to a lesser extent, internally displaced persons (IDPs). The course will survey international, regional and domestic institutions and instruments, and will engage with the issues on a policy, jurisprudential and theoretical level. Students will be expected to participate actively in class discussion. This may include presentation of course material or other in-class activities. Observation of a refugee hearing and/or judicial review application may also be required.

SYLLABUS (subject to change)

September 14: Normative Claims about Forced Migration

September 21: History and Institutions of Refugee Protection

September 28:The Refugee Definition

October 5: The Refugee Definition(cont’d)

October 12:The Refugee Definition (cont’d)

October 19: Refugee Determination Process

October 26:Report Back from Hearings

November 2:Exclusion and Security

November 16:Exclusion and Security (cont’d)

Interdiction and Deterrence

November 23:Interdiction and Deterrence (cont’d)

Internally Displaced Persons

November30:IDPs (cont’d)

December 7:The Way Forward?

COURSE MATERIALS

  • The Law of Forced Migration (Cases and Materials) Prof. Macklin and Mr. Battista (2 volumes)
  • Immigration and Refugee Protection Act and Immigration and Refugee Protection Regulations. Available online at I have excerpted the parts of the statute we will use most often into a Word document: IRPA (Protection)

COURSE OBJECTIVES

The course has two main objectives:

1. To impart the core concepts of Canadian refugee law as situated in the international legal regime governing forced migration. These involve the basic operations of the refugee determination process and the substance of the refugee definition as well as the new concept of “persons in need of protection”.

2. To put the law in context. This context includes the history, the politics and the institutions of the international refugee regime. We will also return, in various ways, to the sufficiency of the legal category “refugee” as a means of capturing the phenomenon and human rights concerns arising from situations of forced migration.

The instructors bring a combination of academic knowledge and practical experience that will be reflected in our approach to the subject matter. We expect and look forward to your active participation.

EVALUATION

Paper (25 pages)

You are free to choose any topic in the field of forced migration. You are not limited in terms of methodology (historical, theoretical, jurisprudential, comparative etc.) or geographical scope (national, regional, international), but you must clear the paper topic with the instructors in advance.

PLUS

Participation

Each student will be asked once during the term to assist in leading the class or present a draft of his/her paper. Each student will observe a refugee hearing before the Refugee Protection Division and/or a judicial review. We will provide you with a series of questions to answer as a means based on your observation.

INTERNET RESOURCES

The Webpage for this course contains dozens of links to sites dealing with forced migration. We may assign documents available from these sites from time to time. The links will also be very helpful in researching your paper. We encourage you to bring new websites to our attention for inclusion.

CANADA

Governmental

Canadian Security Intelligence Service

Citizenship and Immigration Canada (use this to locate existing and proposed legislation, backgrounders, news releases, the Immigration Manual, IntegrationNet and RefugeeNet)

Federal Court of Canada (Trial Division)

*Federal Court of Canada (Court of Appeal)

Immigration and Refugee Board of Canada

Immigration Quebec

Non-governmental

Canadian Council for Refugees

E-Refugee– Canadian Refugee Resource

*Empirical – an online multi-discplinary, multi-part course on Canadian migration, citizenship, settlement, integration and multiculturalism produced in conjunction with the Metropolis project

Maytree Foundation (research supporting immigrant and refugee settlement and integration)

Metropolis – An International Forum for Research and Policy and Migration, Diversity and Changing Cities (Canadian and International)

*Peopling North America: Population Movements and Migration (historical project)

Ontario Council of Agencies Serving Immigrants (OCASI)

STATUS (Campaign to Regularize Non-Status Immigrants in Canada)

INTERNATIONAL / COMPARATIVE

Governmental

International Migration and Multicultural Policies (UNESCO)

International Organization for Migration

*Special Rapporteur on the Human Rights of Migrants (UNHCHR)

United Nations High Commissioner for Human Rights (UNHCHR), Documents on Nationality, Statelessness, Asylum and Refugees

United Nations High Commissioner for Refugees

Non-Governmental

Center for Comparative Immigration Studies (University of San Diego)

Center for Gender and Refugee Studies (US but also comparative)

Center for Migration and Development

Centre for Refugee Studies (YorkUniversity)

Comparative Refugee Case Law

*Forced Migration Online

Forced Migration Review

*Global Campaign for the Ratification on the Convention on the Rights of Migrants

Global IDP (Internally Displaced Persons) Project

*Global Commission on International Migration

Guide to International Refugee Law Resources on the Web

*Institute for the Study of International Migration

*Institute for the Study of Labour

International Association for the Study of Forced Migration

International Centre for Migration and Health

*Human Rights First (formerly Lawyers Committee for Human Rights; US & International)

*Migrants Rights International

The Protection Project (Anti-Trafficking)

*Refugee Law Reader (online cases and materials on int’l refugee law)

Refugee Studies Centre (Oxford)

University of Minnesota International Human Rights Library (asylum and refugee)

Women’s Commission for Refugee Women and Children

REGIONAL/NATIONAL

Asia

The Asian Research Center for Migration

Australia

Australian Refugee Review Tribunal

Refugee Council of Australia

Europe

Centre for European Migration and Ethnic Studies

Center for Internationaland European Law on Immigration and Asylum

*Center for Migration Law, University of Nijmegan (Netherlands)

Electronic Immigration Network (UK/Europe)

*Eurasylum (Analysis and evaluation of developments affecting policy and legal decisions in the fields of immigration and border control processes, asylum determination procedures, IDPs and migrant integration schemes in EU and internationally)

European Council on Refugees and Exiles

European Research Centre on Migration and Ethnic Relations (ERCOMER; also has virtual library)

*Odysseus Network (Academic Network for legal studies on immigration and asylum in Europe)

Refugeenet (Refugee Integration in Europe)

France

Les Sans-Papiers (undocumented migrants in France)

Germany

ProAsyl

New Zealand

New Zealand Refugee Law

Sweden

Swedish Network for Refugee and Asylum Support Groups

UK

Asylum Rights

US

Center for Immigration Studies –CIS provides a terrific clipping service, where they cull media reports on migration from the US and foreign press. You can sign up for this if you wish. The primary function of the Center is to lobby against immigration to the US.

Center for Migration Studies

*Florida Immigrant Advocacy Center

*Migration Policy Institute (includes material on international and US-Canada border issues)

Refugee Law Center

US Committee for Refugees

VIVE la casa (shelter for Canada-bound asylum seekers in BuffaloNY)

Last revised by Audrey Macklin, 3 September 2005

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