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Immigration Law 1: Fundamentals of UK Law


  • Credit value: 15 credits at Level 6
  • Convenor: Khadija Rahman
  • Assessment: a 4000-4500-word essay (100%)

Module description

In this module we outline the legal framework for the system of immigration law in the UK, and assess its development as a legal means of permitting the entry, stay and settlement of foreign and European nationals. We provide an overview of the conflicts between executive aims and the need to accord due respect to foreign nationals claiming a basis to stay in the UK as family members of those who are either settled or British. We also discuss the position of foreign nationals who seek to come to the UK for work, business or study. In this context, we will explore the impact of human rights as a means of challenging decisions to refuse leave, to remove overstayers and to deport foreign criminals.

We will highlight the special position of EU nationals exercising Treaty rights in the UK in contrast to third country migrants seeking to stay under the primary and secondary immigration legislation. An overview of the rights of asylum seekers will introduce the system of UK immigration control as a broad one which includes a separate scheme of international obligations to provide protection to foreign nationals claiming a fear of persecution.

Indicative syllabus

  • Brief introduction to refugee definition under the 1951 Convention on the Status of Refugees and its protocol
  • Overview of the system of immigration control, with a particular focus on the administrative removals of overstayers
  • Family migration I (immigration rules for spouses, unmarried partners and fiancés prior to 9 July 2012)
  • Family migration II (immigration rules for parents and grandparents and children prior to 9 July 2012)
  • Family migration III: overview of the family migration rules (spouses, unmarried partners, fiancés, parents/grandparents/other dependent relatives, and children) since 9 July 2012
  • Overview of the point-based system: working and studying in the UK (Tiers 1, 2 and 4)
  • Challenging refusals: appeals process and judicial review
  • Deportation of foreign criminals
  • Free movement of EEA nationals
  • Family members of EEA nationals