Migration Law, 15 credits

Learning outcomes

After completing the course, the student must be able to:

• explain and analyse, with support from the legal sources of the system, the components of refugee and asylum law,
• report on current jurisprudential research and legal policy discussions linked to the legal issues and legal rules that the course concerns,
• apply and interpret relevant legal material with methodical certainty and argue for a persuasive legal assessment,
• distinguish, formulate and analyse the criteria for refugee status and residence permit on other grounds, and
• critically and methodically evaluate arguments for and against different legal solutions and in this context particularly reflect on the effects legal decisions can have on refugees and asylum seekers, and be able to independently reflect on Sweden's and the EU's asylum and migration policy in relation to human rights.

Content

The course deals with migration law, asylum law and the asylum process, as part of special administrative law, its sources and actors and the material regulation's dependence on international regulatory systems. The course discusses contemporary migration and refugee flows, for example war, economic and social insecurity, and climate change. The course also explains the legal protection of the right to asylum. Furthermore, rules central to the legal status of foreigners in connection with migration and society's responsibility for the foreigners staying here are dealt with. Within the course, there is an in-depth study of migration policy considerations and dilemmas from a legal and social perspective. Questions about the inclusion or exclusion of people need to be understood, among other things, against the background of EU law and Sweden's international commitments. We deal with international law, European and Swedish legislation and case law. The UN Convention on the Legal Status of Refugees, the role of UNCHR, the UN Convention on Women and the UN Convention on the Rights of the Child are particularly affected.

Examinations and grades

Migration Law 1, 7.5 credits (Code: A001)
Grades used are Fail (F), Sufficient (E), Satisfactory (D), Good (C), Very Good (B) or Excellent (A).

Migration Law 2, 7.5 credits (Code: A002)
Grades used are Fail (F), Sufficient (E), Satisfactory (D), Good (C), Very Good (B) or Excellent (A).

According to the Higher Education Ordinance, Chapter 6, Section 18, a grade is to be awarded on the completion of a course, unless otherwise prescribed by the university. The university may determine which grading system is to be used. The grade must be determined by a teacher specifically nominated by the university (the examiner).

In accordance with university regulations on grading systems for first and second-cycle courses and study programmes (Vice-Chancellor’s decision ORU 2018/00929), one of the following grades is to be used: fail (U), pass (G) or pass with distinction (VG). For courses included in an international master’s programme (60 or 120 credits) or offered to the university’s incoming exchange students, the A to F grading scale is to be used. The vice-chancellor, or a person appointed by them, may decide on exceptions from this provision for a specific course, if there are special grounds for doing so.

The grades used on this course are Fail (F), Sufficient (E), Satisfactory (D), Good (C), Very Good (B) or Excellent (A).

Comments on grades

For a final course grade to be issued, all examinations must be passed (E).
In order to obtain the final course grade Sufficient (E), it is required that all the examinations ((A001), (A002)), receive the minimum grade E.
In order to obtain the final course grade Satisfactory (D), it is required that at least one of the two examinations ((A001), (A002)) receive grade D.
In order to obtain the final course grade Good (C), it is required that at least one of the two examinations ((A001), (A002)) receive grade C and that at least one of the outstanding examinations ((A001), (A002)) receive grade D.
In order to obtain the final course grade Very Good (B), it is required that both examinations ((A001), (A002)) receive at least grade B.
In order to obtain the final course grade Excellent (A), it is required that both examinations ((A001), (A002)) receive grade A.

Modes of assessment

Migration Law 1, 7,5 credits (Code: A001)
Written assignment and oral examination.
If a student does not reach the passing grade, but is close to a passing grade, the examiner may decide on completion and give the student instructions to be implemented within five working days from when the student is assigned the instruction.

Migration Law 2, 7,5 credits (Code: A002)
Written exam.

For students with a documented disability, the university may approve applications for adapted or other modes of assessment.

For further information, see the university's local examination regulations.

Specific entry requirements

180 credits at the first level of which 90 credits with increasing depth within law or other humanities/social sciences, or successful completion of the first level, 180 credits, within the Law Program. Additional requirements: English Course 6/English Course B.

For further information, see the university's admission regulations.

Other provisions

Teaching is normally conducted in Swedish, but teaching in English may occur.

Students who have been admitted to and registered on a course have the right to receive tuition and/or supervision for the duration of the time period specified for the particular course to which they were accepted (see, the university's admission regulations (in Swedish)). After that, the right to receive tuition and/or supervision expires.

Reading list and other learning resources

Required Reading

Current legal text

Andersson, Simon m.fl. (latest edition)
Prövning av migrationsärenden: Bevis 8
Stockholm: Norstedts Juridik. 381 sidor

Dane, Louise (2019)
Den reglerade invandringen och barnets bästa (ak. avh.)
Stockholm. Kap. 6 och 7. FULLTEXT02.pdf (diva-portal.org)

Ghazanfareeon Karlsson, S., & Jönsson, J.H. (2020)
Forced migration, older refugees, and displacement: Implications for social work as a human rights profession
Journal of Human Rights and Social Work, 5(3), 212-222

Hedlund D. (latest edition)
Ensamkommande barn och ungdomar. En introduktion till samhällskontext, forskning och ramverk
Gleerups. 127 sidor

Hillert, Emilie, Nyström, Viktoria. (latest edition)
Verkställighetshinder
Stockholm: Norstedts Juridik. 313 sidor

Jönsson, J.H. (2014).
Local Reactions to Global Problems: Undocumented Immigrants and Social Work
British Journal of Social Work, 44(1), 35-52.

Wikström H. & Stern, R. (latest edition)
Migrationsrätt: Skyddsbehov och trovärdighet – bedömning i asylärenden
Stockholm: Liber. 290 sidor

Reference Literature

UN High Commissioner for Refugees (UNHCR)
Handbook on Procedures and Criteria for Determining Refugee Status and Guidelines on International Protection Under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees, April 2019, HCR/1P/4/ENG/REV. 4.

Seidlitz, Madelaine (latest edition)
Asylrätt: En praktisk introduktion
Stockholm: Norstedts Juridik. 173 sidor

Wikrén, Gerhard, Sandesjö, Håkan (latest edition)
Utlänningslagen med kommentarer
Stockholm: Norstedts Juridik. Tillgänglig genom JUNO.

Articles and case law are added and published on Bb Learn (max. 400 pages).

Exchange student literature:

Goodwin-Gill, Guy, McAdam, Jane. (latest edition)
The Refugee in International Law
Oxford University Press/3 uool., 848 pages. Selected parts.

Euro-Med Monitor.
Happiness, Love and Understanding: The Protection of Unaccompanied Minors in the 27 EU Member States. 18 May 2023. 99 pages. Happiness, Love and Understanding: The Protection of Unaccompanied Minors in the 27 EU Member States [EN/AR] - Austria | ReliefWeb

FRA.
Handbook on European law relating to the rights of the child (latest ed.) Handbook on European law relating to the rights of the child - 2022 edition | European Union Agency for Fundamental Rights (europa.eu)

UNHCR.
Beyond Proof. Credibility Assessment in EU Asylum Systems (latest ed.). 290 pages. Full Report - Beyond Proof. Credibility Assessment in EU Asylum Systems | UNHCR 51a8a08a9.pdf (unhcr.org)